How to ask, whether the other party is unmarried, or divorced

I'm afraid that you won't be responsible for her, after all, she has experienced an unhappy marriage.

Legal analysis: divorce is not unmarried, if you remarry after divorce, then the marital status is married, if you are not married after divorce, then the marital status is divorced, and there will never be a situation where you are unmarried. However, the marital status on the household registration book will not change on its own, and the parties need to bring the relevant documents and materials to the household registration authority to declare the change of registration.

Legal basis: Article 17 of the Regulations of the People's Republic of China on Household Registration When the content of household registration needs to be changed or corrected, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts. When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.

Legal analysis: The divorce is actually changed from married to unmarried, which is to dissolve the existing marital relationship, restore singleness, and start a new marriage. If you change your family register after divorce, it will show divorce.

Divorced and unmarried, although both single, are different in nature. Divorce is not an unmarried god, and there are four situations in the law: unmarried, married, divorced, and widowed.

The registration procedure is the same, and both divorced and unmarried can be registered as marriages.

Legal basis: Article 44 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests The State protects women's right to marital autonomy. It is forbidden to interfere with women's freedom to marry or divorce.

In fact, divorce is a transition from being married to being unmarried, dissolving the existing marital relationship, returning to the previous singleness, and starting a new marriage. If you change your family register after divorce, it will show divorce. Although divorced and unmarried are both single, the nature of the two is very different.

Divorce does not mean unmarried, and marital status is legally unmarried, married, divorced, and widowed. Marriage after divorce and marriage without marriage are the same in terms of registration procedures, and both divorced and unmarried can go through marriage registration.

However, divorce is usually accompanied by the existence of children in the identity relationship, while the unmarried usually does not have children in the identity relationship.

1. Can I change married to unmarried?

Divorced, married on the household register, can not be changed to unmarried, can only be changed to divorced. The household register and the matters registered in the household register have the effect of proving citizenship. It can't be changed.

After the parties are divorced, the public security household registration management department may not change the marital status of the parties to "unmarried" unless the parties can present solid evidence. The household registration book is a basic household administration document that comprehensively reflects the basic information of the population, such as the personal identity, kinship, and legal address of the household population, and has legal effect.

2. Do I have to have a marriage certificate to buy a house?

You don't have to have a marriage certificate when buying a house. If you are unmarried and divorced, and take out a loan to buy a house, then the buyer must provide a single certificate, divorce certificate, household registration book, ID card, bank card of the lending bank and personal income certificate; If you are married and have paid for the house in full sum, then the buyer only needs to provide an ID card. If you are married and take out a loan to buy a house, you must provide a marriage certificate, household registration booklet, resident ID card, loan bank card and personal income certificate.

Article 1078 of the Civil Code of the People's Republic of China provides that if the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.

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.

If the other person mistakenly believes that you are divorced, you can clarify the truth directly to him and tell him that you are not divorced. You can say: "I'm sorry, there may be a mistake, I'm not divorced, I'm still married."

If you want to keep your private life private, you can also euphemistically: "Thank you for your concern, I'm still married, but I'm not too willing to talk too much about my private life." "The most important thing is to be sincere and polite, and not to make the other person feel embarrassed or uncomfortable.

Lawyer's analysis: According to the provisions of China's Civil Code and relevant judicial interpretations, divorce is considered unmarried. Married is the state of marriage registration with another person at the marriage registration office, and after divorce, it is the state after the marriage registration office has gone through the registration of the divorce and early marriage, so the divorce is considered unmarried.

Legal basis]:

Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered, and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

If the marriage registration has not been completed, the code lead registration shall be supplemented.

After the husband and wife divorce, the divorce will not be automatically displayed. After the divorce or marriage registration is completed, the marriage status will not be automatically displayed in the individual's household register, and the civil affairs bureau will not take the initiative to notify the police station of the divorce or marriage registration. If the person has not gone to the public security organ to change the marital status in the household register, the previous marital status will be displayed; If the marital status on the household register is changed by submitting the Divorce Certificate to the public security organ, it will be shown as divorce.

1. Will the remarriage marriage certificate show the second marriage information?

The remarriage marriage certificate will not show remarriage information such as second marriage. When you go through the process of transferring your household registration in a divorce, the divorce will be indicated in your household registration booklet. If the remarried hukou is moved together, the hukou department of the police station will change the marital status in the hukou book to remarriage.

When a man and a woman apply for marriage, they must apply for marriage registration in person at the marriage registration office in Suihudi, where one of the parties is registered. In the case of divorce, a divorce certificate and a mediation document shall also be held. If the documents are complete and comply with the provisions of law, upon review, the marriage registration authority shall issue a marriage certificate to both parties.

2. Will the household registration book of remarriage after divorce still be displayed?

The divorced household register will be displayed. Because the content of the registration of the household register includes marital status, specifically, unmarried, married, divorced, widowed, etc. Regardless of whether the divorce is granted by mutual agreement or the court decrees granting the divorce, the parties' own household registration book and the registration of the Civil Affairs Bureau will be recorded, and the marital status column of the household registration book will be changed from married to divorced.

3. Is there a record of being married?

Married is documented. When getting married, the marital status column in the household register should be changed to: married.

After divorce, it was changed to: divorced. Divorce must go to the local civil affairs bureau to go through the divorce procedures, or divorce through the judgment of the court, so if you remarry after the divorce, then there will be a record.

There will be a record in my household registration book or my registration with the Civil Affairs Bureau. Therefore, it is impossible to conceal it, and it cannot be eliminated. There is definitely a record after the divorce.

There will be registration with the Marriage Department and archival information will be kept in the Archives. In the case of a litigated divorce, the divorce decree will be kept permanently.

Article 10 of the Marriage Registration Regulations provides 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 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.