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Chapter IV of the New Marriage Law Divorce.
Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
First discuss with your brother whether he wants a divorce, and then the other side also communicates with your sister-in-law to see what she thinks, and it is not a way to drag it out like this, if there is no room for recovery between your brother and sister-in-law, then either party can file for divorce.
The above regulations are part of the terms of searching for "divorce", which is the main need to know, and the rest, you can search for it on the Internet by yourself, and it is basically clear that the relationship between husband and wife can not be mediated and harmonious, that is, you can apply for divorce. You can ask your brother to write down the reasons for the divorce on a piece of paper or print it out so that you can explain the situation when the time comes.
The most important thing is to figure out how the two of them are going to deal with their marriage, marriage is not child's play, she has gone back to her hometown by herself, maybe she will have to go back after a quarrel, life is a matter of two people, both parties have to take into account, it is no longer a matter of what you want to do to decide, you need to discuss! Anyway, the man is more responsible, if your brother wants to redeem it, go back to his hometown and bring his sister-in-law back, and have something to say.
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If your brother really wants a divorce, go to the court, and the court will notify her to appear in court, and if she refuses to appear in court, she will be sentenced in absentia, but only if there is evidence of a breakdown of the relationship.
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There are two types of divorce: divorce by agreement and divorce by litigation.
The former must be agreed by both parties to go through the divorce formalities jointly with the civil affairs department that obtained the marriage certificate; The latter is divorced through a court lawsuit.
If you can't reach an agreement and want to get a divorce, you can only settle it through court proceedings.
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You can go to court to file a lawsuit, but it is more difficult for the court to make a decision, you can consult a lawyer, please see the message I sent you.
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Suing for divorce is a better solution.
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It depends on the negotiation of both parties, and if you do want to divorce, you can divorce by agreement or divorce by litigation.
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Legal Analysis: It Depends: Its.
1. Divorce by agreement: 1. Both parties voluntarily divorce and reach an agreement on the division of property and child support; 2. Bring your ID card, marriage certificate, divorce agreement, etc. to the marriage registration authority to register the divorce. That.
2. Divorce by litigation: 1. The party who wants to divorce collects relevant evidence, writes a complaint, and brings his ID card and marriage certificate to the court; 2. The court shall grant the divorce to both parties if it is determined that the relationship between the husband and wife has broken down and the mediation is ineffective.
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.
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In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties, and receive the divorce certificate on the spot;
If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
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Divorce doesn't cost money, I went three months ago and left.
First of all, congratulations!
There are two things in the divorce: the household registration book of both parties, plus the ID cards of both parties.
There are also photos, copies of ID cards, and agreements that don't matter if you go to him to help you get it, no more than 30 yuan, and the cost of production.
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The divorce agreement, household registration book, ID card, about 50 yuan (photo, copy) can be completed on the same day.
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1. First of all, it is determined that the parties to the divorce need to go to the Civil Affairs Bureau: a man and a woman who voluntarily divorce should jointly go to the marriage registration authority where one of the parties has a permanent residence to go through the divorce registration formalities.
Secondly, land on the local Civil Affairs Bureau**.
Finally, click on the Divorce Instructions, which will contain the required materials and procedures.
Note: The procedures are similar everywhere.
Second, the handling conditions.
The marriage of both the man and the woman has been registered;
2.The marriage registration shall be handled in Chinese mainland (including Chinese embassies and consulates abroad);
3.The parties are still married;
4.Voluntary divorce between the parties;
5.Both parties have full capacity for civil conduct (no history of mental illness and mental retardation);
6.Agreements have been reached on issues such as child support, division of property and debt disposal.
3. Required materials.
Hukou booklet; 2.Identity card;
3.Marriage certificate;
4.Divorce agreement in triplicate;
5.I have two two-inch recent bareheaded singles**.
Fourth, the handling procedures.
ii) Review. 1. Review whether the certificates and certification materials are complete, standardized and valid;
2.Ask about it.
c) Registration. 1. If the conditions for divorce are met, it shall be registered on the spot and a divorce certificate shall be issued;
2.If the conditions for divorce are not met, registration is not to be made, and the reasons are to be explained to the parties on the spot.
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Can divorce procedures be handled in **?
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First of all, the two people should reach an agreement on the family, property, debts, child support and other issues, write a divorce agreement, and after both parties sign the agreement, take the agreement to the civil affairs department to go through the divorce registration procedures. Secondly, if the other party does not cooperate with the divorce, and you insist on the divorce, you need to go to court to sue. Then, the main thing you have to do is to give evidence.
Evidence includes evidence of relationship breakdown, family property, debts, etc., if you want to raise your daughter, you must have suitable conditions, and you must cite evidence that your husband is not suitable to raise your daughter, such as no fixed economic income, you are usually alone in taking care of the children, etc. If your situation is not very complicated (e.g. a court forensic investigation of deposits, etc.), you can. You can do it yourself.
If you don't understand the procedure, you can go to the court for consultation, and the staff in the reception room will tell you. Or go to a legal aid center for advice. The complaint is also relatively easy to write, the basic situation of the plaintiff and the defendant, the litigation claim, and then the facts and reasons, write clearly when you and your husband met, when they registered their marriage, what the relationship is after marriage, why there will be conflicts that lead to the breakdown of the relationship, give some examples, and then you can.
Sue for divorce in court.
Sue for divorce with the court, and generally your daughter will award it to you!
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Divorce is a matter for both spouses themselves.
It can be discussed.
If the negotiation fails, you can also sue the court for divorce.
aqui te amo。
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If you want a divorce, the procedure is very easy, as long as you and your wife agree to the divorce, it will be done within a day.
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