What should I do if my divorced parents don t give me the household registration book?

On the premise that both the parties and the man and the woman divorce voluntarily:

1. You can go to the household registration department of the police station in the jurisdiction where your household registration is located with your ID card and issue a household registration certificate with a seal;

2. Bring the certificate, the ID cards of both parties, the divorce agreement, etc., and go to the civil affairs department where either party's permanent residence is located to apply for divorce registration.

Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the Marriage Registration Regulations

Min Han [2004] No. 76).

2. On the issue of household register.

If the parties concerned are unable to produce a household registration booklet, the marriage registration authority may handle the marriage registration with a sealed household registration certificate issued by the public security department or the relevant household registration management agency; If the parties belong to a collective household registration, the marriage registration authority may handle the marriage registration with the household registration card of the person in the collective household registration book or a copy of the household registration book with the seal of the unit recording the household registration situation.

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".

There are two solutions to the divorced parents who do not give the household registration book:

1. If the woman's parents do not give the household registration book, the woman can go to the police station where the household registration is located to complain to the parents, and the police station will help to get the household registration book back. The woman can also go to the court to sue her parents for the household registration book;

2. The man goes to the court to sue the woman for divorce, and the lawsuit requires the plaintiff's ID card, marriage certificate, or deferred prosecution.

What information is required for an uncontested divorce.

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit and the villagers' 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.

Legal basisArticle 1076 of the Civil Code of the People's Republic of China.

Where 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.

Article 1079.

Where one of the spouses requests a divorce, the relevant organizations 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 the People's Chain Hidden People's Court has ruled that divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Divorce can be obtained by way of litigation.

Divorce can be handled at the marriage registration department, or you can go to the court to file for divorce. A lawsuit for divorce shall provide materials such as the complaint, the plaintiff's ID card, the defendant's identity information, and the marriage certificate. If the defendant does not agree to the divorce in the first lawsuit, the court is more likely to rule that the divorce will not be separated.

Unless you have evidence that your relationship has broken down or that the other person is at fault. If the court decides that there is no separation, they must not sue for divorce again within six months without new circumstances or new reasons. After six months, you can sue for divorce again, and the possibility of a second divorce court ruling a divorce is very likely.

The property acquired during the existence of the marital relationship is the joint property of the husband and wife and shall be divided equally in the event of divorce. Unless otherwise agreed.

The Child Support Court will consider the benefits of the child's development and the financial situation of both parties. Child support is 20% to 30% of the monthly income of the undependent parent; Children under the age of two are generally raised by the woman. Parents have no right to interfere with your freedom to marry.

According to article 31 of the Marriage Law, divorce is granted if both parties divorce voluntarily. Both parties can apply for divorce at the marriage registration office.

Article 32 stipulates that if a man or a woman requests a divorce, the relevant authorities may mediate or file a divorce lawsuit directly with the court. Marriage is free, and no one has the right to interfere with the freedom of another person to marry or divorce.

If the parties are unable to provide the household registration book, they may go through the divorce registration with the household registration certificate.

According to the Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the Marriage Registration Regulations, "if the parties concerned are unable to produce a household registration book, the marriage registration authority may register the marriage with a household registration certificate with a seal issued by the public security department or the relevant household registration management agency".

Can one party really divorce if he doesn't have a household register?

Divorce can be agreed upon, signed by both parties, and take effect.

Do you manage your ID card ID card fast.

If you really want to do something, you don't need to be taught by others, there is always a way.

Divorce can provide a marriage certificate, and no household registration book is required.

Parents cannot interfere with the freedom to marry.

Marriage is not easy to come by, don't be impulsive, and you don't need a household registration book to sue for divorce.

The old man's attitude is that he doesn't agree, he still hopes that you can reconcile, in fact, it's good for you to calm down, if you still want to divorce after a while, it is estimated that your parents will not stop you.

Hello, according to whether the other party agrees to the divorce or not, divorce is divided into divorce by agreement and divorce by litigation. Depending on the type of divorce, if there is a situation where the documents are not complete, it can be handled as follows:

In the case of divorce by agreement, if the household registration book is lost, the household registration book can be reissued at the police station where the household registration is located;

For divorce by lawsuit, there is no need for a household registration book, only the plaintiff's ID card and marriage certificate are required

If you do not have children, you can go to the court to file for divorce, and the court does not need to provide a household registration book.

As long as the husband and wife negotiate and bring their ID cards and marriage certificates, they can go to the court filing hall or court to handle it.

Quite simply, the court costs are not much.

Article 32 of the Marriage Law Where a man or a woman requests a divorce, the relevant departments may mediate 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.

The method of divorce without giving the household registration book at home is as follows: 1. Apply for a replacement household registration book. After completing the household registration book, you can go through the normal procedures for divorce; 2. Go to the household registration department to issue a household registration certificate.

After the household registration certificate is issued, you can go to the civil affairs department to go through the divorce procedures with the household registration certificate, ID card and divorce agreement. The method of divorce is as follows: 1. In the case of divorce by agreement, both parties reach an agreement on children, property and debts, and voluntarily apply to the marriage registration authority where one party's household registration is located; 2. In the case of divorce by litigation, the party who wants to divorce shall prepare a divorce petition and marriage certificate, and the evidence proving the breakdown of the relationship between husband and wife shall be filed with the court of the other party's domicile.

The process of litigation divorce: 1. Go to the people's court to file a lawsuit application with the court. Generally, it is to go to the case filing hall, and the case filing hall will conduct a friend review, and for those who meet the conditions for case filing, they will be given a case file.

If the parties do not reside in the same place, the plaintiff shall file an action at the place where the husband is located, in accordance with the principle of the plaintiff against the defendant. When filing an application for divorce proceedings, the following documents must be provided: a statement of complaint requesting a judgment of divorce; Hukou booklet; Identity card; Marriage certificate; 2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing, pay the litigation fee based on the case filing notice, and the court will formally accept the case; 3. After the case filing division of the court accepts the case, it will transfer the case to the civil division for trial; 4. After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit.

At the same time, the court also notified the court to participate in the lawsuit; 5. After both parties appear in court, the court will mediate. The results of mediation are as follows: (1) If both parties are willing to maintain the marriage after mediation, you will withdraw the lawsuit and the marriage will continue to be valid; (2) After mediation, if the other party agrees to the party's request for divorce and disposes of the children and property issues, the party shall file a lawsuit and both parties shall register the divorce with the marriage registration authority; (3) After the mediation and reconciliation, the parties still insist on asking for a divorce but do not agree, or the parties agree but there are disputes over the handling of children and property issues.

then the court will hear and make a judgment; 6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

If the divorced parents do not give the household registration book, the household registration book can be reissued, and you can also divorce through litigation, which does not require the household registration book.

There are two ways to choose from divorce, when both parties agree to divorce, they can agree to divorce, and the content of the agreement is mainly the disposal of the joint property of the husband and wife, the distribution of child custody and some agreed content;

Then bring the agreement, identity certificate, and marriage certificate to the local civil affairs bureau to go through the divorce procedures, which is fast, convenient and simple. If one or both parties are unwilling to divorce, or both parties are willing to divorce;

However, if you cannot reach an agreement on property issues and child custody issues, and there is a dispute, then you can only choose to divorce by litigation. The characteristics of litigation divorce are that the procedure is complex and time-consuming, and the first lawsuit may not be separated, and a second lawsuit is required.

1. Do I need a household registration book to sue for divorce?

There are two types of divorce: litigation divorce and divorce by agreement. If it is a divorce by agreement, the family register must be required at the time of divorce. If the parties do not issue a household registration certificate by the household registration department, reapply for a household registration book, or hold a household registration certificate, they will not be able to go through the divorce procedures.

However, if it is a litigation divorce, you can also go through the divorce procedures without a household register. The parties only need to bring the divorce complaint, ID card, marriage certificate, the original birth certificate of the child and household registration and other materials to proceed with the divorce proceedings. If the parties cannot agree on the division of the property, then the proof of the property can be brought.

2. How to get a divorce through legal means?

According to the current laws and regulations of our country, there are two ways for a husband and wife to divorce due to emotional breakdown, one is divorce by agreement and the other is divorce by litigation. 1. In the case of divorce by mutual agreement, after negotiation between the two parties, the divorce agreement, marriage certificate, ID card, and household registration book of both parties shall go through the divorce formalities at the marriage registration authority where one party has permanent residence, and the marriage registration authority shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

2. If one party does not agree to the divorce or regrets not performing after signing the divorce agreement, the other party may file for divorce. Generally, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year. The first instance is generally 3 to 6 months, and the second instance is generally 3 months.

If the court does not divorce the first time, it can file a new lawsuit after six months, and if the court of the second lawsuit generally finds that the relationship has broken down irretrievably before suing for the second time, in practice, the second lawsuit for divorce will generally result in a judgment to dissolve the marriage relationship.

Article 22 of the Civil Procedure Law of the People's Republic of China provides that the following civil litigation shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; 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

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China;

2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing;

3) Litigation against persons subject to compulsory educational measures;

4) Proceedings against incarcerated persons.