-
Anonymous users2024-02-08If you obtain proof that the other party has lived in a different place for more than one year (residence permit or neighborhood committee certificate, etc.), you can file for divorce in another place.
-
Anonymous users2024-02-07Legal Analysis: Yes. In accordance with the provisions of relevant laws, 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 is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
If the defendant has been absent from the place of residence for more than one year, then the plaintiff must file a lawsuit in the people's court of the place where the plaintiff is domiciled. If both parties have been away from their place of residence for more than one year, they must file a lawsuit in the people's court of the defendant's habitual residence. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China: The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.
Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
-
Anonymous users2024-02-06Divorce can be obtained if it is not local, but it can only be divorced by litigation, and divorce by agreement is generally not possible. Because divorce by mutual agreement requires the husband and wife to jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce. Where a lawsuit is filed for divorce, a lawsuit may be filed with the people's court at the defendant's domicile or habitual residence, or in special circumstances, a lawsuit may also be filed with the people's court at the plaintiff's domicile or habitual residence.
What is the process for getting a divorce?
The process of going through a divorce is as follows:
1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**. When applying, each party shall present the household registration certificate, resident identity certificate, letter of introduction issued by the unit, village or residents' committee, divorce agreement, marriage certificate, etc., so that the registration management authority can ascertain the identity of the parties and determine the jurisdiction;
2. Review. After accepting the parties' application for divorce registration, the marriage registration authority shall conduct a review within one month, and in the course of the review, shall fully understand the content of the agreement, especially pay attention to whether the parties' expression of intent to request divorce is genuine, and whether it is appropriate to raise children, help one of the spouses in their daily difficulties, divide property, and deal with debts;
3. Registration. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; Where the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time the parties receive the divorce certificate;
4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration authority shall revoke the divorce registration, declare the dissolution of marriage null and void and withdraw the divorce certificate from the divorced party, and impose a fine of not more than 200 yuan on the party. If the parties believe that they meet the conditions for divorce, they may apply for administrative reconsideration in accordance with the law, and if they are not satisfied with the reconsideration decision, they may file an administrative lawsuit in accordance with the law.
[Legal basis].Article 1076 of the Civil Code of the People's Republic of China.
Where 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 consensus on matters such as child support, property, and debt handling.
Article 1077.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
-
Anonymous users2024-02-05Legal analysis: Divorce by agreement cannot be handled in other places, but litigation divorce can be handled in other places. If the defendant has been away from the place of residence for more than one year, then the defendant must file a lawsuit in the people's court of the plaintiff's place of residence.
If both parties have been away from their place of residence for more than one year, they must file a lawsuit in the people's court of the defendant's habitual residence. If there is no habitual residence, the plaintiff must file a lawsuit in the people's court of the place of residence at the time of the plaintiff's lawsuit.
Legal basis: Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application.
In cases where one of the spouses has been absent from the place of domicile for more than one year and the other party files for divorce, the people's court at the place of the plaintiff's domicile has 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 at the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the place where the plaintiff lived at the time of the lawsuit has jurisdiction.
-
Anonymous users2024-02-04Divorce can be divorced if you are not local, but you can only want to sue the court for divorce.
One of the parties preparing to file a divorce lawsuit needs to go to the property office of the residential community or the sub-district office to issue a certificate of the other party's regular residence before filing the case, and then bring the complaint, the original and 2 copies of the ID card, the original and 2 copies of the marriage certificate, and the other party's residence certificate to the court of the other party's habitual residence.
Divorce Proceedings:
The divorce litigation procedure mainly includes the preparation of the complaint, the collection of litigation evidence, the filing of a lawsuit with the court of personal jurisdiction, and the payment of litigation costs. "Split Chain Yu Civil Code of the People's Republic of China", Article 1079 [Divorce by Litigation] Where 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.
Divorce is not in the place of household registration, no. Divorce can be done at the marriage registration office where either party has a household registration. >>>More
Article 28 of the Marriage Law stipulates that: "After divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they shall register their remarriage with the marriage registration office." "After a divorce, a man and a woman can remarry at any time, without time limit. >>>More
The summons shall be sent directly to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt. >>>More
The state stipulates that the child has the right to change the child's surname after divorce, but it can only be done after consultation between the two parties, and either party has no right to change the child's name without authorization. >>>More
The agreement is an agreement reached by both parties, and if it is to be amended, it must be agreed by both parties, and if it is not agreed, it cannot be unilaterally amended.