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Divorce formalities may be handled at the civil affairs bureau in a different place, and the parties may register the divorce at the marriage registration authority in the place where one of the parties has resided continuously for more than one year after leaving the place of household registration.
According to Article 10 of Chapter 3 of the Marriage Registration Ordinance:
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.
Note: The place of permanent residence refers to the place of habitual residence where the person concerned has lived continuously for more than one year away from the place of household registration. _
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If both parties agree to divorce by mutual agreement, it is not necessary to go to the civil affairs bureau that issued the marriage certificate to go through the divorce procedures, but can go to the place where either party is registered.
The parties hold the following materials:
1. Hukou of both parties; Identity card;
Marriage certificate; Two recent one-inch bareheaded photos;
Divorce Settlement;
Go to the Civil Affairs Bureau to fill in: "Application for Divorce Registration Declaration".
After the marriage registration authority has passed the examination, the "Divorce Certificate" will be issued
If the parties do not agree to divorce, they need to file for divorce in the basic court of the defendant's domicile.
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 for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
Legal basis: Article 12 of the Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China.
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 for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
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There are two ways for a spouse to dissolve their marriage: divorce by mutual agreement through the Civil Affairs Bureau and divorce through a court lawsuit.
The parties need to go to the civil affairs bureau where one of the parties is registered for divorce, and if both parties are in other places, they can choose to go to the civil affairs bureau of the place where one of the parties is registered. For divorce by mutual agreement, you need to bring the ID cards, household registration booklets, and marriage certificates of both parties to the Civil Affairs Bureau for processing, and the Civil Affairs Bureau will issue a divorce certificate.
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Divorce certificates cannot be obtained in other places. To handle a divorce by agreement, it can only be handled at the civil affairs bureau where one of the men and women has a household registration, and cannot be handled in another place. However, if the divorce is obtained from the court, both of them have left the place of household registration, and the defendant has lived in a different place for more than one year, the divorce can be handled in the court of the other place.
In other cases, it cannot be handled in other places. The parties to a divorce by mutual agreement go through the divorce formalities at the marriage registration office where one party is registered. The following documents and supporting materials shall be issued:
1. My household registration booklet and ID card.
2. My marriage certificate.
3. The divorce agreement signed by both parties.
1. How to go through the divorce procedures by agreement in a different place online?
Divorce by mutual agreement: If one or both spouses divorce by mutual agreement in another place, the method of divorce is as follows: both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate from the date of obtaining the divorce certificate.
Divorce by litigation in another place:
1) One of the husband and wife has been in a foreign place for more than one year.
In this case, the formalities for divorce in a different place are: the plaintiff is in the place of residence and the defendant has been away from the place of residence for more than one year, and the party who filed the divorce lawsuit has jurisdiction in the court of the defendant's habitual residence.
2) Both parties have been in a different place for more than one year.
In this case, the formalities for divorce in a different place are under the jurisdiction of the people's court at the defendant's habitual residence, and if there is no habitual residence, the people's court at the place where the plaintiff resides at the time of filing the lawsuit has jurisdiction.
3) The defendant is being re-educated through labor or imprisoned.
In this case, the formalities for divorce in a different place are: the people's court at the place where the party (plaintiff) who initiated the divorce lawsuit is domiciled has jurisdiction; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction.
4) Military divorce.
In the case of a military divorce, the procedures for divorce in a different place vary according to the following cases:
1) If a non-military person initiates a divorce lawsuit against a non-civilian soldier, the people's court at the place where the plaintiff is domiciled has jurisdiction.
2) Where both parties are military personnel, the people's court at the defendant's domicile or the defendant's regimental level or above has jurisdiction.
5) The defendant does not reside in the territory of the People's Republic of China.
In this case, the formalities for divorce in a different place are: the people's court at the place where the plaintiff is domiciled has jurisdiction; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction.
2. Is it possible to get a marriage certificate in a foreign country?
Non-local residents may apply for a marriage certificate, but both men and women shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to complete the marriage registration. Mainland residents who go through marriage registration in other places shall also present the following documents and supporting materials:
1. Household registration booklet and resident ID card. Clause.
2. A signed statement that I have no spouse and that I have no direct blood relatives or collateral blood relatives within three generations with the other party.
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