What should I do if I want to divorce if I get married without a license and have been married to my

If there is no property and child dispute, you can separate yourself, otherwise you can sue in court to claim the division of the joint property during the cohabitation period.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 1: Where parties file a lawsuit requesting the dissolution of a cohabitation relationship, the people's courts will not accept it. However, the cohabitation relationship requested by the parties to be dissolved falls under the provisions of Articles 3, 32 and 46 of the Marriage Law"A person who has a spouse cohabits with another person"and the people's court shall accept it and lift it in accordance with law.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

Article 10: Where parties request the return of bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

You're not married.

There is no talk of divorce.

Let's just divide the property and walk away.

The combination of the two of you, itself has not gone through the marriage registration procedures, has no legal effect, is not covered by the scope of legal protection, referred to as the voluntary cohabitation stage, now to separate, I suggest that you two take the road of harmony, with a good gathering and scattered thinking to negotiate, no matter what, the two of them still have a good life experience, let this experience write an indelible page for their own life is not better.

If you want to divorce if you have not yet had a wedding after receiving a marriage certificate, you can sue for divorce, and the procedure for suing for divorce:

1. Documents and materials required to sue for divorce:

1) Divorce petition;

2) Copy of ID card, marriage certificate, household registration book;

3) factual evidence of the reasons for divorce;

4) Evidence related to property division (real estate certificate, passbook, car, company business license, equity ratio certificate and other property lists).

2. Specific steps for divorce by litigation:

1) Investigate and collect evidence;

2) Write a divorce complaint;

3) Bring all the materials to the court to file the case;

4) If necessary, pre-litigation property preservation or evidence preservation may be carried out;

5) Pre-trial questioning or **, if the case is complex, it may be necessary to hold several court sessions, and if necessary, supplementary evidence can also be carried out;

6) The case is concluded and the judgment is announced, and the mediation or judgment is taken.

The legal time for litigated divorce is 1 to 6 months, and in practice, the time for divorce cases is 1 to 3 months.

What should I do if the other party does not appear in court to respond to the lawsuit after receiving the court summons when suing for divorce?

1. I really do not want to appear in court to participate in the proceedings, but I state my opinions to the court in writing. In accordance with the provisions of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the "Civil Procedure Law of the People's Republic of China", a default judgment may be made in accordance with law.

2. If the party to such a divorce case is unwilling to appear in court to respond to the lawsuit, and does not issue a written divorce opinion to the people's court, the parties to this type of divorce case may be the defendants who must appear in court as provided for in the Civil Procedure Law in accordance with the provisions of the judicial interpretation, because the parties to such divorce cases have the obligation to raise the child and cannot find out the relevant facts of the case if they do not appear in court, so if they refuse to appear in court after being summoned by two summonses, they may be detained and summoned to appear in court to participate in the litigation in accordance with law.

Legal basisArticle 55 of the Norms for Marriage Registration.

The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions on matters such as child support, property and debt handling;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) The parties each submit 2 2-inch single recent half-length bareheaded ** lap leakage;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

Legal analysis: You cannot go through the divorce procedures without a marriage certificate. If you want to get a divorce, you should first go to the marriage registration department to re-register the marriage.

The relationship between the two persons is a cohabitation relationship and can be dissolved through negotiation, and the property acquired during the existence of the cohabitation relationship is joint property, and the two may divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Nowadays, many young people are reluctant to have a wedding for the sake of simplicity, and they all go to get a marriage certificate first, so can you understand that your current boyfriend is divorced without a wedding after only getting a certificate? It depends on what kind of person you are looking for, it is best to confess to the boy before falling in love, if you don't accept it, then don't start, accept it and start again, such a person is worth entrusting.

If you get a marriage certificate, you will be married, and if you get married in the future, you will be considered a second marriage.

If you find that two people can't get along, make a decision to stop losses in time, it is good for both of you, and there is no need to delay each other if it is not suitable, fortunately, there are no children, and there are few things involved, as long as the two parties don't make a big fuss about money and talk about it, there is nothing.

As for whether it will be good or not in the future, it depends on your personal charm, from the connotation of cultivation to the appearance of the personality, it is not difficult to find someone you love.

After receiving a marriage certificate, even if the marriage is not held, it is still a legal couple, and if you divorce, remarriage in the future is a second marriage.

Now it is the freedom to marry, and you have your own decisions about marriage and divorce. After getting married, there are more divorces, and there are more divorces, and most people don't talk about whether divorce or second marriage affects well.

In order to stick to the marriage, I am afraid that others will gossip, I am afraid that the impact will be bad, even if the relationship is broken and the marriage has existed in name only, we must insist and resolutely not divorce. There were very few divorces in the past, but despite the hard life, they were able to abide by their marriage commitments, help and take care of each other, have a good relationship, and stay together until they grow old.

Nowadays, although a lot of money is spent, some feelings are thinner than paper, and there are many divorces. Some get married on the same day and get divorced on the first day. Marriage and divorce are regarded as child's play, follow your temperament, get married when you are happy, and leave if you are unhappy.

I don't know how to tolerate it at all. Not to mention that I'm afraid that the impact of the second marriage will be good.

Husband and wife received a marriage certificate is a formal husband and wife recognized by law, husband and wife can exercise their own rights, male outside, female inside, help each other, love each other, respect and love each other, others can not object, there is a law to be a protector, all according to the law to handle marriage, as for the wedding is not held, the wedding is a traditional custom of marriage, invite relatives and friends, neighbors to the house to eat a banquet, see the bride, in fact, this is a waste, in the matter of the wedding in the countryside can not be temporarily couped, but also inherited.

Marriage with a marriage certificate is enough, it is legally recognized, and it is dispensable to hold a wedding.

1. What should I do if I want to get a divorce if I get married without a license, there is no marriage relationship between the two parties, it belongs to a cohabitation relationship, and there is no such thing as divorce. II. How to Dissolve Cohabitation According to Article 1 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the people's court shall not accept a lawsuit filed by a party requesting the dissolution of a cohabitation relationship. If the two parties are cohabiting without a spouse, and one party is worried about the other party's entanglement, and sues the court to dissolve the cohabitation relationship, the people's court will not accept it, and the two parties can only settle it through negotiation.

However, if one or both parties are married, that is, if a person with a spouse cohabits with another person, the people's court shall accept it; In addition, if the parties file a lawsuit due to a dispute over the division of property or child support during the period of cohabitation, the court will accept it. 3. How to divide property when the cohabitation relationship is dissolved When a cohabitant divides the property, the following steps can generally be followed: The first step is to count and estimate all the property.

Determine what is private property and what is community property. The value of the joint property is then estimated and agreed upon by both parties. The second step is to confirm the ownership of each property, that is, to find out who each property should belong to.

In order to live together, and after the start of living together, the parties will jointly acquire or own some property. The most common are furniture, household appliances, real estate, cars, bank deposits, bonds, art, antiques, precious pets and flowers, etc. In the case of the joint acquisition of these properties, if the parties did not make any agreement at that time, it is theoretically necessary to confirm the property rights in this way:

In whose name is registered and settled, the property rights belong to whoever (such as real estate, cars, bank deposits, artworks, antiques, etc.). If registration is not required, in principle, it is up to whoever purchases, uses, takes care of, and keeps it. If it is jointly purchased, used or cared for and kept by both parties, and it is inseparable (such as household appliances, furniture, pets, etc.), it shall be decided through negotiation that one party will acquire the property in its entirety, while the other party shall receive the corresponding value compensation (which can be cash, or debt, equity, options, ownership of other property, in kind, etc.).

If the above principles do not apply, it shall be resolved through negotiation between the two parties. The third step is to make a reasonable division of the property. If the state reflected in the property right is not a reasonable or true state, the parties should make reasonable adjustments and division of the property right according to the actual situation.

In fact, the best way to resolve disputes is to avoid disputes. If the parties agree on the ownership of the property at the beginning of the cohabitation, many future disputes can be avoided. In reality, although some people have held a wedding, but do not obtain a marriage certificate in accordance with the regulations, such a relationship cannot be recognized as a marriage relationship, and can only be treated as a de facto marriage or cohabitation relationship, which means that there is no divorce at this time, and the two parties can only dissolve the current relationship.

As far as de facto marriages are concerned, if the marriage certificate is reissued, then it is also possible to go for divorce.

Summary. Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women. Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations. Article 1049 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. Where marriage registration has not been completed, the registration shall be re-registered.

What should I do if I get married without a license and get divorced.

Hello dear! We'll be happy to answer for you; According to the law, a couple who has not received a marriage certificate is not a legal husband and wife and cannot be divorced. Because since they are not legally husband and wife, they naturally do not need to go through the divorce procedure stipulated by law.

The man and the woman may dissolve the cohabitation relationship by agreement and negotiate the division of property and the maintenance of children during the period of cohabitation.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to force the other party or any organization or individual to interfere. Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations. Article 1049 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. Where marriage registration has not been completed, the registration shall be re-registered.