How to handle divorce 30, how to handle divorce

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

China's marriage law stipulates: If one party is at fault for causing divorce, the party at fault will leave the house! You can sue him for illegal cohabitation first (sue him quietly first to preserve the evidence, and you have to tell him in advance that he will stop the illegal cohabitation and the evidence will disappear).

That agreement should have been valid if he had signed it! Are his parents still around? It's not easy to do if you're here, it's really tricky.

I'm not very professional, so you'd better find a professional lawyer to consult in person. You can also ask the Women's Protection Department to provide you with legal assistance!

Can divorce procedures be handled in **?

Legal analysis: If the husband and wife divorce voluntarily, they can sign a written divorce agreement and apply for divorce registration at the marriage registration authority. Where one party requests a divorce, the relevant organization 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 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 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.

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 taking drugs;

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. Ant Qing.

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.

The specific process is as follows:

1) Prepare a divorce settlement. Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts.

2) To apply for acceptance, both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration 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 does not wish 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) Review and issuance. 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 forms of divorce in China, one is divorce by agreement and the other is divorce by litigation. If the parties have negotiated the marital relationship, property division, child support and other issues, they can choose to divorce by agreement, and if the parties cannot negotiate, they can divorce through litigation.

First of all, let's talk about how to handle a divorce by agreement.

In the case of divorce by agreement, both parties should go to the marriage registry office to get a divorce agreement template, fill in the content of the agreement reached by both parties according to the divorce agreement template, sign and press their fingerprints, take the divorce agreement, and then bring their ID cards, household registration books, and the original marriage certificate to the marriage registration office to go through the divorce procedures.

Secondly, let's talk about the lawsuit for divorce.

Litigation divorce is when the two parties cannot reach an agreement, or one party does not agree to the divorce, and the other party believes that the relationship between the husband and wife has broken down and asks for a divorce. According to the provisions of the Civil Code, after the first judgment of non-separation, and the second lawsuit is filed after one year of separation, a judgment shall be made to grant a divorce.

In addition, according toArticle 1079 of the Civil Code stipulates that if a husband and wife have been separated for two years due to emotional discord, the relationship between the husband and wife has indeed broken down. InLitigationIf the mediation fails, a judgment shall be made to grant itDivorce

If it is a divorce by agreement, you have to go to the marriage office to make an appointment, and you can officially divorce after a month.

If you Qiaoguo is suing for divorce, you have to go to the court where Song Qingfang is located to sue.