What is the procedure for divorce and what is the procedure for divorce?

Updated on society 2024-05-22
8 answers
  1. Anonymous users2024-02-11

    It may also be handled in a different place, but in the end, you will not get a certificate, but a piece of paper, which is also very convenient. No problem. Also, have you really figured it out? Think about it and then decide. But I'll tell you about the procedures.

    Documents to be submitted for uncontested divorce.

    Both parties to the application for divorce registration shall hold:

    1. My household registration book (95 new household registration booklet). If you do not have a household registration booklet, you need to go to the police station where your household registration is located to issue a household registration certificate.

    2. Resident ID card (should be within the validity period).

    3. Marriage certificate. If the marriage certificate is damaged or lost, or one party forcibly keeps the marriage certificate for some reason, it is necessary to go to the original marriage registration authority to check the marriage file, and the marriage registration authority will issue a marriage certificate.

    5. Two 2-inch recent half-length bareheaded certificates for each side (the same bottom plate). Some registration offices will be 1 inch larger, some marriage registration agencies will provide photo services, or there will be shops near them to take pictures, so it is very convenient to take snapshots.

    6. Declaration of Application for Divorce Registration (sample provided by the marriage registry office, which can be filled in on the spot).

    Divorce Agreement (Template).

    Party A (male): XX, male, date of birth, nationality, residential road number.

    Party B (woman): XX, female, date of birth, nationality, city number.

    Party A and Party B shall go through the marriage registration formalities in the district people** on the year and month of the year. Due to the incompatibility of the personalities of the two parties, they cannot live together, and the relationship between the husband and wife has completely broken down, and the two parties have reached the following agreement:

    1. (Write down the attitudes of both parties towards divorce) Both parties divorce voluntarily.

    2. (Write down the child's support and visitation, if there are no children, it is necessary to state that both parties have no legitimate children) The legitimate son (daughter) is raised by the party, and the party (the other party) pays monthly child support, which is paid before the month until the age of 18, and the reasonable education and living expenses arising from the child's independent life after the age of 18 are borne equally by both parties. Zhang can pick up his son at 8 a.m. on the first Saturday of each month and return to Wang's place of residence at 9 a.m. on Sunday.

    3. (Clearly state the division of the joint property of the husband and wife, including the assumption of joint debts) The husband and wife's existing housing units, located on the road number, worth 10,000 yuan, are now owned by the party through negotiation, and they will pay the party (the other party) a lump sum of 10,000 yuan in cash (half of the house price agreed by both parties). The existing cash is 10,000, half for one person. The joint debts of the husband and wife are totaling 10,000 yuan, and one person bears half of the debt.

    4. After both parties register their marriage, if they must assist each other in handling relevant registration matters, both parties must support them (such as housing registration, transfer, etc.).

    5. This Agreement shall be executed in triplicate, one copy for each party and one copy for filing with the marriage registration authority, which shall come into force after both parties sign and the marriage registration authority completes the divorce registration formalities.

    Party A (Signature): Party B (Signature):

    YYYYYYYYYYYYYYYYY

  2. Anonymous users2024-02-10

    If one party does not agree, there is no way to leave, or you have to seize the evidence of the man's guilt to see if he has an extramarital affair, or often beats you and abuses you.

    If you can catch the rape on the spot and take a picture of it, then all the family property is yours, that's what the law says.

  3. Anonymous users2024-02-09

    It's enough to go to court and file a lawsuit. However, the verdict will depend on how much evidence you have in your possession.

  4. Anonymous users2024-02-08

    Have you figured it out, divorce isn't fun, have you really reached that point?

  5. Anonymous users2024-02-07

    The divorce procedures include: if the lawsuit is a loss of divorce, first submit the evidence of the breakdown of the relationship between the husband and wife to the people's court and the complaint to file a divorce lawsuit, and then the people's court will accept the case, try the case, and make a judgment; If the divorce is registered, the husband and wife who are voluntarily divorced need to make unanimous consultations and sign a written divorce agreement on divorce-related matters such as child support, debt disposal, property division, etc., and then both parties shall apply for divorce registration in person at the marriage registration authority where either party's household registration is located, submit the corresponding materials, and after the divorce cooling-off period, continue to apply in accordance with the relevant regulations, and wait for the marriage registration authority to conduct a comprehensive review of the divorce materials submitted by both parties. Divorce certificates will be issued immediately to the parties who meet the conditions for divorce.

    Legal basis] Article 1076 of the Civil Code of the People's Republic of China provides that if 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' intention to divorce voluntarily and their consensus on matters such as child support, property, and debt disposal.

  6. Anonymous users2024-02-06

    Legal analysis: The divorce of husband and wife can be divorced by agreement and litigation, and the process of divorce by agreement is as follows:

    1. Both parties apply for divorce to the registration authority;

    2. Submit relevant materials;

    3. The registration authority shall conduct a review of the disorder;

    4. Those who meet the requirements shall be registered and issued a "Divorce Certificate".

    The process of litigating a divorce is as follows:

    1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

    2. The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;

    3. If the conditions are met, a case shall be filed;

    4. The defendant makes a defense;

    5. ** trial;

    6. Pronouncement of judgment. 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.

    Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

    Article 1087:When a divorce is divorced, the joint property of the husband and wife is to be handled by the agreement of both parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  7. Anonymous users2024-02-05

    The divorce of the husband and wife can be divorced by agreement and litigation, and the process of divorce by agreement is as follows:

    1. Both parties apply for divorce to the registration authority;

    2. Submit relevant materials;

    3. The registration authority conducts a review;

    4. Those who meet the requirements shall be registered and issued a "Divorce Certificate".

    The process of litigating a divorce is as follows:

    1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

    2. The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;

    3. If the conditions are met, a case shall be filed;

    4. The defendant makes a defense;

    5. ** trial;

    6. Pronouncement of judgment. 1. How to sue to settle arrears of debts.

    The process of filing a lawsuit to recover a delinquent debt is as follows:

    1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

    2. The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;

    3. Make a decision on acceptance and file a case;

    4. The people's court shall serve a copy of the plaintiff's complaint on the defendant within five days of the date on which the case is filed, and inform the defendant to make a written defense;

    5. The defendant shall make a written reply within 15 days from the date of receipt of a copy of the indictment served by the people's court;

    6. ** trial;

    7. Mediation or adjudication.

    2. Can he be sued if he does not repay the money?

    Prosecution process for non-payment of money owed:

    1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

    2. The people's court accepts the documents and materials submitted by the plaintiff, conducts a review, and files the case if it meets the requirements;

    3. The court shall serve the plaintiff's several copies of the complaint on the defendant;

    4. The defendant makes a written defense;

    5. ** trial;

    6. The court makes a judgment.

    Civil Code of the People's Republic of China

    Article 1078:Where 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.

  8. Anonymous users2024-02-04

    Legal Analysis: Playing mahjong kills, whether the person present needs to be held liable depends on the specific circumstances: 1

    If the other person is not at fault, he will not bear the tort liability, but based on the principle of fairness, he will generally be compensated appropriately. 2.If the other mahjong players die due to personal health reasons, if they actively call the Hengstool to lift 120 or participate in certain treatment at the time of their illness, other people will not be liable.

    3.If the other mahjong player dies due to personal health reasons, if the other person fails to fulfill the reasonable rescue obligation at the time of his illness, he will be jointly and severally liable for the tort corresponding to his fault.

    Legal basis: Civil Code of the People's Republic of China Article 1245 Where a raised animal causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may not be borne or mitigated.

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