We haven t lived together for three years, what kind of procedure do we have to go through for divor

The quickest and most convenient way to divorce is divorce by agreement, which refers to the divorce method in which the marriage relationship is dissolved by the agreement of both parties. Article 31 of the Marriage Law stipulates that divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. Therefore, divorce by mutual agreement requires both parties to reach a divorce agreement on child support and property division, sign a divorce agreement, and both parties go to the marriage registration authority with their marriage certificate and household registration booklet.

Another way is litigation divorce, which is not only cumbersome, but also lasts for a long time and has many uncertainties, such as the failure to contact the defendant and the defendant's refusal to respond to the lawsuit. The divorce lawsuit is accepted by the court for the basic people's court of the defendant's domicile, and the plaintiff needs to write the divorce complaint in duplicate, file a lawsuit with the court, pay the litigation fee, and the divorce lawsuit will officially begin after the court accepts it, and then participate in the lawsuit according to the requirements of the court. As a plaintiff, you have the obligation to provide evidence to prove your claims, so the core of the lawsuit lies in evidence, and you should collect evidence on major issues such as property, child support, and the breakdown of the relationship between the two parties around your claims.

According to the law, if the parties have been separated for two years due to emotional discord, the divorce shall be granted if the mediation fails.

Article 32 of the Marriage Law: If a man or a woman requests a divorce, the relevant department 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.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

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

3) Gambling or smoking and other vices that have been repeatedly taught and do not change;

4) Separated for two years due to emotional discord;

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

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Analysis of the law and the law: if both parties agree to divorce, they can go to the place where either of the men and women are registered for divorce; If one party does not agree to the divorce, he or she may file a lawsuit for divorce. 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.

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.

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

Article 1076:Where both husband and wife voluntarily divorce by hand, 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 husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

When hearing divorce cases, the people's courts shall conduct Bizhouru 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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.