Can I not go back to my hometown and entrust someone else to go through the divorce procedures after

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

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; 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".

Gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings!!

Law firms can be asked.

No, you can do it yourself.

Divorce must be done in person. I cannot delegate it. The separation time is enough, go back to do it, and sue if you can't do it.

1. If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

2. If the two parties cannot reach an agreement on the above issues, the party who wants to divorce can bring the marriage certificate, ID card, household registration booklet, complaint and copy to the court where the defendant is domiciled to sue for divorce.

Legal basis] Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization 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 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 1076 of the Civil Code stipulates 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 organ.

The divorce marriage agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.

According to Article 1079, Paragraph 3, Item 4 of the Civil Code of the People's Republic of China, if a husband and wife file for divorce due to emotional discord and have been separated for two years, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. However, it should be noted that the reason why the husband and wife have been separated for 2 years should be the emotional discord between the two parties, not because of other reasons such as work, study, Zhaoslip household registration, housing shortage, etc.

In this case, the separation of Bi Shen Xiaobo and Xiaomei was not an emotional discord, and the court could not use this as the basis for judging that "the relationship has indeed broken down". In other words, separation for 2 years is not a requirement for divorce. If they have been separated for 2 years, there is still a possibility of reconciliation, and the relationship between the husband and wife has not completely broken down, the court can also rule that the divorce is not allowed.

The Marriage Law stipulates that it is okay to live apart for two years, and both husband and wife can go through the divorce procedures, but they must also bring their ID cards and household registration booklets.

According to Article 1, Paragraph 1 of the Civil Code, the husband and wife have been separated for two years due to emotional discord. If a divorce is filed, the civil court shall grant the divorce when the mediation relationship has indeed broken down and the mediation fails. Do not hail too much attention, husband and wife separation year reason double.

OK. In China, the Marriage Law stipulates that a divorce can be filed for unilaterally after two years of separation, without the consent of the other party. However, it should be noted that the divorce needs to be heard, and the court will review the applicant's request and require relevant evidence to prove that there are indeed problems in the relationship between the husband and wife that are difficult to solve, and the divorce will be granted.

In addition, divorce involves issues such as the division of marital property, child support, and property agreements, and it is recommended that couples negotiate and properly resolve these issues as much as possible before applying for divorce, so as to reduce disputes and conflicts in the divorce process.

The legal provision for unilateral application for divorce after two years of separation is to protect the freedom of divorce and individual rights, and also to take into account the impact of a long period of calm thinking on the relationship between husband and wife. However, in real life, two years of separation does not necessarily solve the conflicts and problems between the couple, and sometimes even exacerbates the breakdown of the relationship. Therefore, for the situation that there are problems in the relationship between husband and wife, Brother Jianqiao should seek professional psychological counseling or reconciliation services in a timely manner, and try to find a harmonious way to solve the problem.

In short, after two years of separation, you can unilaterally apply for divorce, but during the divorce process, you need to pay attention to protecting your own rights and interests, and at the same time, you also need to minimize the harm to both parties and children, and end the marriage relationship in a peaceful way. <>

Divorce by separation requires the following procedures: if both parties agree to divorce, they need to enter into a written divorce agreement, apply for divorce registration with the marriage registration authority in accordance with the law, go through a 30-day cooling-off period, and obtain a divorce certificate. If you sue for divorce, you need to submit a complaint to the court, and the court will mediate in accordance with the law, and if the mediation is ineffective, and if the relationship between the two parties is confirmed to be broken, the divorce can be decided.

Article 1076 of the Civil Code provides that if the 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.