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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.
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In the course of my practice, I often receive such a consultation, that is, both parties are in other places, whether they can handle the divorce locally. For this question, I generally do not rush him, but first ask them for details,
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Divorce usually has to be handled at the place where one of the spouses has a household registration, but if the marriage is in the place where the man's household registration is located, and the divorce is in the place where the woman's household registration is located, then it can be called a divorce in a different place. There is also a situation where both husband and wife have left their habitual residence for more than one year, and both parties divorce through litigation and divorce by a court judgment in a different place. So it is possible to divorce in a different place.
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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.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 12: In cases where one of the husband and wife has been absent from the place of domicile for more than one year, and the other party files a lawsuit for divorce, the People's Court of the plaintiff's domicile may have jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.
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Legal Analysis: Generally not. Divorce procedures should be completed at the place of household registration.
However, some couples live and work in different places all the year round, and when they are divorced due to emotional discord, can they get divorced in other places? If the negotiation fails, the plaintiff can file a lawsuit for divorce in the place where the defendant has lived for one year or more. It is also possible to provide proof that both parties have lived for one year and go through divorce procedures in a different place.
However, in a different place, it can only be a lawsuit for divorce.
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.
Regulations on Marriage Registration Article 10 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 a 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, a Macao resident, a Taiwan resident Liang Shu, or an 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 residence to register the divorce.
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Analysis of the law of hailstorms: Divorce by agreement cannot be handled in a different place, and litigation divorce can be handled in a different place.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China stipulates that if the 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 opinions reached through consultation on matters such as child support, property, and the handling of debts and debts. Article 1079 of the Civil Code of the People's Republic of China stipulates that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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.
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In other provinces, you can apply for a divorce certificate for Ye Shouqin.
1.If the husband and wife divorce by mutual agreement and go to the Civil Affairs Bureau to register the divorce, they can only go back to the Civil Affairs Bureau at the place of household registration to handle it. 2.If the husband and wife divorce by litigation, the plaintiff can sue for divorce in a court in a different place where the defendant has lived continuously for more than one year.
Legal basis. Article 21 of the Civil Procedure Law.
Civil lawsuits brought against citizens are under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile and habitual residence are not the same, the people's court for the habitual residence has jurisdiction.
It can be used across provinces.
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