I m out of town! I want to get a divorce now! What should I do?

You can negotiate to the Civil Affairs Bureau for divorce, but you can't sue. A marriage must be dissolved by litigation if:

1) Divorce is only a unilateral will, and the other party does not agree to divorce at all.

2) Both parties have no objection to the divorce, but cannot reach an agreement on the division of property, the assumption of debts, and the maintenance of children.

3) One party is a person with no or limited civil capacity, and the other party wants to divorce.

4) One party's whereabouts are unknown, and the other party wants a divorce.

5) One party is studying or working abroad and is unable to return to China; The other party is in China and wants a divorce.

6) If the two parties can reach an agreement on divorce, property, children, etc., but do not have time to go back to the civil affairs bureau where their household registration is located to go through the divorce formalities, they can choose the court of their habitual residence to dissolve the marriage relationship through the litigation procedure of uncontested divorce.

7) After the two parties sign the divorce agreement, if they want to enhance the validity of the agreement through the court mediation letter, they can also choose to go through the litigation procedure of uncontested divorce to dissolve the marriage relationship between the two parties.

According to the provisions of China's Civil Code, if one of the spouses is in a foreign country and cannot agree to divorce, it is possible to divorce by litigation, and the plaintiff can file a divorce lawsuit with the local people's court.

Article 1079 of the Civil Code: Where 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.

Divorce is possible, but divorce proceedings can only be filed in the court of the defendant's habitual residence by way of a lawsuit. Habitual residence refers to the place where you have resided continuously for more than one year from the time you leave your place of residence until the time of the indictment, except for the place where you are hospitalized for medical treatment. The people's court will conduct mediation after acceptance; If the relationship has indeed broken down and mediation fails, a divorce judgment shall be made.

If both parties agree to divorce, the court may also draft a divorce mediation document.

Then you can sue for divorce, and the court will notify her at that time, and if she does not come twice, then she can be divorced in absentia.

Now you can get a divorce through legal channels, you have to get evidence of your relationship breakdown, and then the court will give the other party a summons, he will not attend, and finally you will be divorced according to the evidence you provide.

Legal analysis: Divorce formalities can be handled at the civil affairs bureau in a different place, and the parties can 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 the law, if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority in the place where one of the parties has a permanent residence to register the divorce.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China provides that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions of consensus on matters such as child support, property, and debt disposition.

Divorce is also possible if you are out of town, but there are restrictions. If it is a divorce by agreement, then after the two parties reach a divorce agreement, they can go to the original marriage registration authority to handle it, which must be done in person, and cannot be entrusted to others. In the case of divorce by litigation, the defendant can not go, the court will conduct a trial in absentia in accordance with legal procedures, and if the conditions for divorce are met, the divorce will be granted, and the marriage relationship will be dissolved after the court's judgment takes effect.

[Legal basis: auspicious].Civil Code of the People's Republic of China Article 1070 Article 6 Where a 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.