Can I get a divorce in a different place?

Legal analysis: Divorce by agreement cannot be handled in a different place, but a divorce can be sued for divorce in a different place or mediated in the court by suing for divorce. According to the relevant provisions of China's Civil Code, divorce by agreement can only be handled at the civil affairs bureau where the male and female household registration is located, and cannot be handled in other places.

If the couple lives and works in a foreign country all year round, one party can choose to sue for divorce if the divorce by mutual agreement fails. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Divorce can be obtained in different places through litigation, but divorce in different places is not possible because most of the civil affairs bureaus have not realized the network, and divorce by agreement cannot be done in other places. The Marriage Law stipulates that if both parties voluntarily divorce, they must go to the marriage registration authority where one of the parties has their household registration to complete the divorce registration.

Divorce Procedure:

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.

4. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

5. Charging standard: 20 yuan for production cost.

It must be done to the account of either party.

It depends

1. If both parties agree to divorce by agreement, it is not necessary to go to the civil affairs bureau that issued the marriage certificate to go through the divorce procedures, but can go to the place where either party is registered.

2. If the parties do not agree to divorce, they need to file for divorce at the basic level court of the defendant's domicile (the domicile refers to the place of household registration, but the habitual residence is different from the domicile, the habitual residence is the place of domicile, and the habitual residence refers to the place where the defendant has lived for more than 1 year).

Strictly speaking, a husband and wife cannot apply for a divorce by mutual agreement in a different place. This is because Article 5 of the Interim Norms for Marriage Registration stipulates that the jurisdiction over marriage registration shall be divided according to administrative regions.

At the time of divorce, both husband and wife must go to the marriage registration authority where either party's household registration is located to go through the divorce formalities, and also need to provide relevant materials and supporting documents, it should be made clear that at the time of divorce, they should also reach an agreement on the division of property and child custody, and on the basis of signing an agreement, they should handle it legally and reasonably, and both parties should strictly abide by the relevant terms and provisions of the divorce agreement and implement it.

1.Divorce by mutual agreement cannot be handled in a different place, and both men and women who wish to divorce shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce.

2.Litigation divorce shall be brought to the court where the defendant is domiciled, and where the defendant's domicile is inconsistent with the defendant's habitual residence, the court at the place of habitual residence has jurisdiction.

1. What materials should be prepared for divorce?

There are two ways of divorce in our country, one is divorce by agreement and the other is divorce by litigation. Different ways of divorce require different materials.

1.If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

2.If the parties cannot reach an agreement on the above issues, the party who wants to divorce can bring his or her ID card, marriage certificate, complaint and copy to the court where the defendant is domiciled to file for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

2. How to divorce husband and wife after seven years of separation.

Spouses who have been separated for seven years can be divorced in the following ways:

1.If the two parties can reach an agreement on issues such as divorce, child support, and division of property, both parties may personally bring their ID cards, household registration booklets, marriage certificates, and divorce agreements to the marriage registration office at the place where one of the parties has permanent residence.

2.If the two parties cannot reach an agreement on the above issues, the party who wants to divorce may go to the court where the defendant is domiciled to file for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

Separation for two years due to emotional discord can be regarded as a relationship breakdown.

3. Is it okay to want a divorce if there is disharmony in sexual life?

Sexual disharmony is legally possible for divorce.

1.If the two parties can reach an agreement on divorce, child support, division of property, etc., they may personally bring their ID cards, household registration booklets, marriage certificates, and divorce agreements to the marriage registration authority in the place where one of the parties has a permanent residence in the chain where they repent.

2.If the two parties cannot reach an agreement on the above issues, the party who wants to divorce may go to the court where the defendant is domiciled to file for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.

Article 10 of the Marriage Registration Regulations stipulates that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland;

Both men and women shall jointly go to the marriage registration authority at the place where the permanent residence of the mainland resident is located to register for divorce.

In the case of divorce by agreement, the parties cannot handle the divorce in a different place, because both parties must jointly go to the marriage registration authority where one of the parties has permanent residence to register the divorce; If there are proof materials that have resided in another place for more than one year, they may file a lawsuit for divorce with the people's court that has lived in another place for more than one year.

[Legal basis].Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 11 (1).

Mainland residents who have registered for divorce shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.