I want to file for divorce, I want to file for divorce

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".

The legal process is slower, and the divorce by agreement is the fastest!

Summary. Hello, there are two ways to file for divorce: the first is divorce by agreement, and the second is divorce by litigation.

Divorce by mutual agreement refers to a divorce in which the husband and wife reach an agreement to dissolve the marriage relationship, sign a written divorce agreement, and go to the marriage registration authority to register the divorce. Litigation divorce refers to a divorce in which one of the husband and wife files a divorce lawsuit with the people's court, and dissolves the marriage relationship through litigation procedures, mediation or judgment of the court. Divorce by litigation is not premised on divorce by agreement.

Hello, there are two ways to file for divorce: the first is divorce by agreement, and the second is divorce by litigation. Divorce by mutual agreement refers to a divorce method in which the husband and wife reach an agreement to resolve the marital relationship, sign a written divorce agreement, and go to the marriage registration authority to register the divorce.

Litigation divorce refers to a divorce in which one of the husband and wife files a divorce lawsuit with the people's court, and dissolves the marriage relationship through litigation procedures through mediation or judgment of the Luburying Court. Divorce by litigation is not premised on divorce by agreement.

The main legal basis for the divorce method is the provisions of Articles 1076 to 1080 of the Marriage and Family Section of the Civil Code of the People's Republic of Tonghua People's Republic of Zhongshi Town, and the specific provisions are shown below: Article 1076 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.

Article 1077 Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Article 1079: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.

Hello, the process of applying for divorce is as follows: 1. Both men and women who have divorced and married together apply to the marriage registration office of the district or county-level civil affairs bureau (or town people**) of one party's permanent residence. 2. Both parties fill in the "Declaration of Divorce Registration for Shen Ru Oak Sale" and sign or press their fingerprints at the marriage registration authority.

3. Both parties shall sign the divorce agreement (in triplicate) as if they agree to the content of the agreement, and sign or fingerprint in front of the marriage registrar. 4. The marriage registration authorities shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the requirements for divorce registration are met, they shall be registered. Time limit for registration of divorce proceedings:

If the documents and materials are complete, they shall be registered and a divorce certificate shall be issued.

Legal analysis: There are two ways of divorce, one is litigation divorce, the other is negotiated divorce, generally speaking, if the negotiation fails, one of the spouses can sue for divorce. For suing for divorce:

1. You must have an ID card, a household registration book (some courts require it), a marriage certificate, and a complaint. Take these with you to the court to file a case. 2. If the marriage certificate is taken away by the other party, you have to go to the place where you registered to issue a marriage certificate.

3. Then wait for the court to determine the **time, and wait**. 4. The general court will try the case in summary procedure, so that it will take three months, and if the trial is conducted in ordinary procedure, it will take six months.

Legal basis: Article 13 of the "Marriage Registration Regulations" The marriage registration authority shall examine the documents and certification 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.

I want to file for divorce, how can I apply for it?

Hello dear, glad to answer for you! To apply for divorce, the process of application is as follows: 1. The divorced man and woman jointly apply to the marriage registration office of the district or county-level civil affairs bureau (or town people**) where one party has permanent residence. 2. Both parties fill in the Declaration of Application for Divorce Registration and sign or press their fingerprints at the marriage registration authority.

3. The willingness of both parties to sign and agree to the content of the agreement on the divorce agreement (in triplicate) and sign or fingerprint in front of the marriage registrar. 4. The marriage registration authority shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the conditions for registration and closure of the divorce are met, they shall be registered.