What are the legal contents of divorce? Thank you!

Please think carefully.

Is it really time for a divorce?

Article 1076 of the Civil Code provides that if 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.

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 handling, they shall register and issue a divorce certificate.

Article 1080:When the registration of divorce is completed, or the divorce judgment or mediation document takes effect, the marriage relationship is dissolved.

1. What are the procedures for going to the court to sue for divorce?

1. Go to the people's court to file a lawsuit application with the court.

Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If both of you do not live in the same place, you will have to file a lawsuit at the man's place of residence according to the principle of "plaintiff against defendant". When filing for divorce proceedings, the following documents must be provided:

2. Prepare divorce materials:

1) Petition for divorce (in triplicate);

2) Hukou booklet;

3) ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.);

4) Marriage certificate.

3. 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, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.

4. After the case filing division of the court accepts the case, it will transfer the case to the civil division, which will conduct the trial.

5. 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 will also notify you to appear in court.

6. After both parties arrive in court, the court will mediate (this is a necessary procedure). There are 3 types of mediation outcomes:

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 he agrees to your divorce request and deals with the children and property issues, you will withdraw the lawsuit and both parties will register the divorce at the marriage registration office.

3) After mediation, you still insist on a divorce and he does not agree, or both parties agree but there is a dispute over the handling of children and property issues. The court will hear and make a judgment.

7. The court makes a judgment to grant or not to grant divorce through the first trial.

The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce.

Among them, Article 1079 of the Civil Code stipulates the following exemplary statutory grounds for granting divorce:

1) bigamy or cohabitation with another person who has a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse, and do not change their ways;

4) Separated for 2 years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Legal Analysis: According to the legal provisions on divorce, there are currently two types of divorce in China, and the provisions of different methods are not the same. Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce formalities together.

However, it should be noted that the Civil Code also provides for a 30-day "cooling-off period" for divorce, which means that now both husband and wife must first apply to the Civil Affairs Bureau. After 30 days, if both parties do not repent, they will go to the Civil Affairs Bureau to go through the divorce procedures together and receive the divorce certificate. Litigation divorce is when one party goes to court to sue for divorce.

If the husband and wife have disagreements on issues such as property, custody of the child, divorce, etc., and cannot reach an agreement, then it is necessary to dissolve the marriage by means of litigation divorce. It should be noted that, as a man, the right to sue is partially restricted. The man may not sue for divorce during the woman's pregnancy, within one year after childbirth, or within six months of the termination of the pregnancy.

In addition, if the military party does not agree to the divorce, if there is no evidence to prove that the other party has major faults in the marriage, the general court will not support the divorce.

Legal basis: Civil Code of the People's Republic of China

Article 1070 If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

Article 1079:In any of the following circumstances, where mediation is ineffective, a divorce shall be granted.

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 to have disappeared and the other party initiates a divorce lawsuit, 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.

1.Even if you have been separated for two years, you cannot automatically divorce, and the court will not arbitrarily grant a divorce. 2.

In the case of divorce by litigation, it usually takes 3 months from filing a case to making a judgment, but if the divorce is not allowed for the first time, it takes more than 1 year to wait 6 months to file a new lawsuit. 3.The husband may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, and the woman may file for divorce at any time.

Some of the new provisions in the divorce law include that if one party wants to repent, the divorce application can be withdrawn within 30 days during the divorce cooling-off period. And also.

Where one party files another divorce lawsuit after a clear judgment not to grant divorce, and one party files a divorce lawsuit again, the court shall grant the divorce;

Generally, some property is to be divided, and the custody of the child must be re-divided, and it should not be joint custody.