Is it OK to handle a divorce in a different place to the place where one party s household registrat

According to Article 10 of the Marriage Law and the Marriage Registration Regulations, if 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 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. Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. It is necessary to go to the marriage administration department of the place where the marriage was registered to register the divorce.

Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.

Usually, the divorce is agreed upon at the original place where the marriage was registered, and if it is a lawsuit, the court to be sued will be determined according to the following different circumstances:

Jurisdiction of the defendant's location.

1. If both husband and wife live together in their place of residence, and one party files a lawsuit with the people's court, the basic people's court of the county or district where they live together is the competent court.

2. In cases where both husband and wife have been absent from their place of residence for more than one year and one party sues for divorce, the people's court at the place where the defendant habitually resides has jurisdiction.

3. If both parties are military personnel in divorce proceedings, the people's court at the place where the defendant is domiciled or where the defendant is stationed at or above the regimental level shall have jurisdiction.

4. Where both husband and wife have their urban household registration cancelled, the people's court for the defendant's place of residence has jurisdiction.

5. Where both parties are imprisoned and re-educated through labor, the people's court at the defendant's original domicile has jurisdiction. Where the defendant has been imprisoned or re-educated through labor for one year or more, the people's court for the place where the defendant is imprisoned or the place of re-education through labor has jurisdiction.

Jurisdiction of the plaintiff's location.

1. Where the defendant's urban household registration is cancelled, the people's court at the place where the plaintiff is located has jurisdiction.

2. Where a non-military person files a divorce lawsuit against a military member, the people's court at the place where the plaintiff is located shall have jurisdiction if one of the military personnel is a non-civilian soldier.

3. Initiating a divorce lawsuit against a person who does not reside within the territory of the People's Republic of China.

4. Divorce proceedings filed against persons whose whereabouts are unknown or who have been declared missing.

5. Initiating a divorce lawsuit against a person who has been imprisoned.

6. Initiating a divorce lawsuit against a person who has been re-educated through labor.

1.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. 2.

If the parties do not agree to divorce, they need to go to the defendant's domicile (domicile refers to the place of household registration, but if the habitual residence is different from the domicile, the habitual residence is the domicile).

If you want to divorce, you can divorce by agreement with your partner, that is, both of you agree to divorce, and you have reached an agreement on property issues and child issues, you can go to your marriage registration office to apply for divorce.

If the negotiation fails, you insist on divorce, you can file a divorce lawsuit, as for filing a lawsuit in **, in principle, it is the defendant's domicile.

Divorce by mutual agreement can go through the divorce formalities at the place where the woman's household registration is located.

I haven't experienced this kind of thing, so I don't think so.

Divorce is held in the district where the marriage is registered.

There are two ways to divorce: if it is a divorce by agreement, it should be handled at the civil affairs bureau where either party's household registration is located; In the case of a litigation divorce, the lawsuit shall be filed in the basic court at the place of the defendant's household registration or habitual residence.

If you are divorced by mutual agreement, you cannot do it in another place. If you are suing for divorce, you can choose to go through the divorce procedures at the place of residence of one of the parties.

Legal Analysis] According to the provisions of China's law, if it is a divorce by agreement, it is generally believed that both parties go to the civil affairs department to register the divorce, either to the civil affairs department where the marriage registration was originally handled, or to the civil affairs department where one party's household registration is located. Therefore, generally speaking, divorce by mutual agreement cannot be handled in a different place, and as long as both parties reach an agreed divorce agreement and make appropriate handling of property division and child support, creditor's rights and debts, it is relatively easy to go back to the place of household registration of one party to handle the divorce by mutual agreement, and there is no need to handle it in another place.

Personal suggestion] 1. If both parties agree to divorce by 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.

2. If both parties do not agree to divorce by agreement, they need to go to the defendant's domicile (domicile refers to the place of household registration;

However, if the place of habitual residence is different from the place of domicile, the place of habitual residence shall be the place of domicile, and the place of habitual residence refers to the place where the person has lived for more than one year).

Legal basis] Article 10 of the Marriage Registration Regulations stipulates that if 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.

Article 1076 of the Civil Code provides that if 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 5 of the Marriage Law [Voluntary Marriage] Marriage must be completely voluntary between a man and a woman, and neither party is allowed to force the other party or any third party to interfere.

Article 6: [Legal Age of Marriage] The age of marriage must not be earlier than 22 years old for men and 20 years old for women. Late marriage and childbearing should be encouraged.

2.If the divorce by mutual agreement fails to sue for divorce, the divorce shall be filed in the local court where the defendant has registered or habitually resides, and has recently lived continuously for more than one year.

Therefore, if the divorce by mutual agreement must be handled at the place where one party is registered, if the husband and wife live together in the place of residence, they can go to the basic court of the county or district where they live together. If both parties have been away from their place of residence for more than one year, or if both husband and wife have had their urban household registration revoked, they shall file a lawsuit in the people's court of the defendant's habitual residence. However, if the indicted party is serving a sentence and the sentence is more than one year, the prosecution needs to be filed in the place where the other party is currently incarcerated.

The divorce must be handled at the place where the marriage certificate is obtained, Faye Wong and Li Yapeng are so rich, and the divorce is not still done in Xinjiang, because the marriage certificate is obtained in Xinjiang.

It is a drop and cannot be handled in a different place.

Marriage Registration Ordinance

Article 10 Where a mainland resident voluntarily divorcesBoth men and women shall jointly go to the marriage registration authority for the place where one of the parties has permanent residence to register for divorce.

Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

(2) The person's marriage certificate;

(3) A divorce agreement signed by both parties.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Not necessarily, there are exceptions:

If the husband and wife intend to divorce, if both parties do not reside in the place where the marriage is registered, then there are the following circumstances:

1. If one party has lived in a foreign place for more than one year and is unwilling to go back to the place of registration to go through the divorce formalities, the other party can only go to the area to sue and ask the court to grant a divorce;

2. If both parties are in other places and are in the same city, one party may file a request for divorce in the court of that city, and the court will mediate the divorce or judge the divorce.

3. If one party is in a foreign place but has lived in the country for less than one year, the other party may sue the court for divorce in his original place of residence or place of marriage registration.

Divorce by mutual agreement should be handled at the marriage registration office of the Civil Affairs Bureau at the place where the household registration is located; Litigation for divorce goes to the basic court where the defendant is located.

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.

4. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

5. Charging standard: 20 yuan for production cost.

In the local area, if the divorce is handled by foreign household registration, it can be filed by way of litigation, because the divorce can be filed in the court of the place where the defendant's household registration is located or the place of habitual residence, and if the divorce is by agreement, it is necessary to go back to the place where either spouse has a household registration.

Extended information: The marriage relationship will not be automatically dissolved, and if the parties choose to divorce by agreement, they also need to go to the divorce registration authority to go through the corresponding divorce procedures.

Legal basis] Article 10 of the Marriage Registration Regulations stipulates that if 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.

If one of the parties has a foreign household registration and divorces due to emotional discord, if the negotiation fails, the defendant may sue for divorce in the place where the defendant has lived for one year or more.

China's laws stipulate that civil lawsuits filed against citizens shall be under the jurisdiction of the people's court at the place where the lawsuit is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Legal basis] Article 21 of the Civil Procedure Law, civil lawsuits brought against citizens shall be under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.