What is the process for an old couple to divorce

The choice of divorce litigation occurs in the following two situations: one situation is that one party requests a divorce and the other party does not agree to the divorce and sues the court, or the two parties agree to the divorce but cannot reach an agreement on the distribution and assumption of child support, property and debts and sue the court; Another situation is the divorce lawsuit by agreement, which adopts this method when the place of habitual residence is inconsistent with the place of permanent residence, especially when the two places are far apart, and the parties can choose to file a divorce lawsuit at the place of habitual residence and settle the case through court mediation. The adoption of this method avoids the long-distance travel of the parties who are anxious for divorce and have to go back to the place where their hukou is registered to go through the divorce procedures.

Correspondingly, there are two types of procedures for divorce proceedings: (1) Mediation This procedure is applicable to the parties who have reached an agreement on divorce matters, and have a divorce agreement or reached an agreement on divorce matters through mediation presided over by the court. (2) Judgment The criterion for whether the court hears a divorce case and whether to grant a divorce is whether the husband and wife "have truly broken down their relationship".

As to how to determine that "the relationship between husband and wife has indeed broken down", the Marriage Law provides: (1) bigamy or cohabitation of a spouse with another person; (2) committing domestic violence or abusing or abandoning family members; (3) Have gambling, drug abuse and other vices that are repeatedly taught; (4) Separated for 2 years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. In addition, if one party is declared missing and the other party files a divorce lawsuit, the people's court shall also grant the divorce.

When applying for divorce registration, the following documents and proofs shall be provided to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. Marriage certificate;

4. Two one-inch bareheaded recent photos of the parties;

5. Divorce agreement.

Hukou Department, Marriage Certificate, ID Card.

Husbands and wives can handle the divorce in the following ways:

1. First of all, it is necessary to determine the court with jurisdiction over the divorce proceedings;

2. The complaint should be submitted to the people's court, and copies should be submitted according to the number of defendants;

3. The complaint should state the plaintiff and defendant, the litigation claims, the reasons for the litigation and the relevant evidence.

[Legal basis].Article 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen of a clan group, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The 120th limb spike bridge.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Legal Analysis: The process is as follows: the couple goes to the marriage registry with jurisdiction; In the case of a divorce, the spouses jointly file an application at the marriage registry office.

Both parties are required to have full capacity for civil conduct, and cannot be persons with limited or incapacity. The parties hold a divorce agreement, which sets out the parties' intention to divorce voluntarily and their consensus on matters such as child support, property and debt disposal. The parties also need to hold a marriage certificate issued by the marriage registration authority of the Mainland or the Chinese embassy (consulate) abroad, two 2-inch single recent half-length bareheaded certificates**, and valid certificates of identity and reputation as specified in Articles 29 to 35 of these Regulations.

Legal basis: Norms for Marriage Registration Article 55 The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) When the person concerned is in possession of a divorce agreement, the agreement sets out the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposal;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) The parties each submit two 2-inch single recent half-length bareheaded **;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

How for husband and wife to apply for divorce formalities: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, negotiate and apply for divorce registration at the marriage registration authority in person. Within 30 days after the divorce cooling-off period, both parties should go to the marriage registration office in person to apply for a divorce certificate.

[Legal basis].

Article 1076 of the Civil Code provides that if both 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.

After the Civil Code came into effect, due to the addition of the cooling-off period system for divorce, the procedure for divorce by mutual agreement was changed to:

1) Prepare a divorce settlement. Both parties must sign a written divorce agreement, which must include the voluntary divorce and agreement on child support, property and debts.

2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau to apply for divorce registration in person with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.

3) Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".

4) Examination of the Cave and issuance of certificates. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

There are two main ways of divorce: divorce by agreement and divorce by lawsuit, and the corresponding divorce party needs to prepare corresponding materials.