Can I go through divorce procedures in a different place, and can I go through divorce procedures in

Divorce lawyer: There are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by agreement, that is, if the parties to the divorce reach an agreement on divorce, child support and division of property, both men and women shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce (if a Chinese citizen and a foreigner voluntarily divorce in Chinese mainland, and a mainland resident and a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese voluntarily divorce in Chinese mainland, both men and women shall jointly go to the marriage registration authority where the permanent residence of the mainland resident is located to complete the divorce registration).

Therefore, in the case of divorce by mutual agreement, even if the man and the woman are in a different place, both the man and the woman must jointly go to the marriage registration authority in the place where one of the parties has a permanent residence to register the divorce. If both parties are working outside the home and are not in the place where one of the parties has a permanent residence, both parties must return to the place where one of the parties has a permanent residence to go through the divorce formalities by agreement.

Therefore, divorce by mutual agreement cannot be handled in a different place, but a divorce by litigation can be handled in a different place if the statutory conditions are met.

If both parties have been absent from their domicile for more than one year and now file a divorce proceeding, the provisions of Article 12 above shall in principle apply, but two situations shall be distinguished:

First, if one party has lived in the current place of residence for more than one year, the other party shall file for divorce in the people's court of the place where one party habitually resides;

Second, if one party separates from the other party and has not yet lived in his current place of residence for less than one year, he or she shall be deemed to have no habitual residence, and the other party shall file a lawsuit for divorce with the people's court of the other party's habitual residence.

1. Can I go through divorce procedures in a different place?

1. You can go through divorce procedures.

1) If both parties voluntarily divorce and reach an agreement on child support and property disposal, both parties can only register the divorce at the original marriage registration authority or the place where one party has a household registration. Therefore, it is not possible to go through the formalities of divorce in a different place through divorce by mutual agreement;

2) The husband and wife can handle the divorce in a different place through court litigation.

2. 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.

2. Divorce formalities by litigation.

1. File a lawsuit application. Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If the parties do not reside in the same place, the woman must go to the man's place of residence to file a lawsuit according to the principle of "plaintiff vs. defendant".

When filing for divorce proceedings, the following documents must be provided:

1) Petition for divorce (in triplicate).

2) Paimengtuan's household register.

3) ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.).

4) Marriage certificate.

2. Acceptance. After the case filing hall reviews and meets the conditions for filing the case, and the case is approved, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50 yuan dust orange) with the case filing notice. The court formally accepted the case.

3. Trial. After the case filing division of the court accepts the case, it transfers the case to the civil division, which will hear the case.

4. Judgment. The court makes a judgment granting or not granting a divorce through the ** trial.

*Divorce procedures can be handled in other places**. Couples can go through divorce procedures in other places, but only by suing for divorce. According to Article 1076 of the Civil Code, 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.

Divorce formalities should be carried out at the marriage registration office. However, some couples live and work in different places all the year round, and if the negotiation fails, the defendant can sue for divorce in the place where the defendant has lived for one year or more.

Legal analysis: If both husband and wife are working outside the home, they can go through the divorce procedures, depending on the time of working outside. Generally speaking, if the defendant has not been away for more than one year, the court where the defendant's household registration is located will be dealt with. Where the defendant has been absent from the place of residence for more than one year, the people's court for the place where the plaintiff is domicile has jurisdiction; Both parties have been absent from their place of residence for more than one year, etc.

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.

Divorce procedures are not allowed in other places. Divorce procedures refer to the process of divorce by agreement, in which both parties sign the divorce agreement and apply for divorce registration at the marriage registration authority. The law stipulates that divorce registration must be completed at the marriage registration authority in the place where one of the parties to the marriage registration is permanently registered.

If the litigation divorce satisfies the application for divorce in a different place, a divorce may be obtained in a different place.

[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 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, a Macao resident, a Taiwanese resident, or an overseas Chinese voluntarily divorces in Chinese mainland, both men and women shall jointly go to the marriage registration authority in the place where the mainland resident's permanent residence is accompanied by the permanent residence of the mainland resident.