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There are two kinds of divorce, agreement and lawsuit, the agreement is easy to handle, both parties make an agreement on children, property, and debts, and go to the Civil Affairs Bureau to handle it. Litigation divorce to the court to sue, by the court on children, property, debts to make a judgment, if you have any questions can be asked or praised, thank you.
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Do you say that divorce requires a legal provision, or that the law requires a divorce.
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Legal analysis: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly apply to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials.
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' intention to divorce voluntarily and the opinions of the parties 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 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 a divorce is not permitted, the parties have lived separately for one year or more, and one party initiates divorce proceedings again, the divorce shall be granted.
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Generally speaking, divorce mainly involves three provisions, one is the status of the husband and wife, the other is the child support, and the other is the division of property. Specifically, it is necessary to analyze it in combination with your own specific situation. Hope the answer will be helpful to you.
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1. There are two procedures for divorce, one is to go to the civil affairs department to handle divorce by agreement; The second is to go to the court to handle the divorce by litigation.
2. The maintenance of children shall be agreed upon by both parties, and the court shall judge if the agreement is not reached.
3. In principle, the common property shall be divided equally, but it shall be divided in principle of taking into account the interests of the woman and the interests of the innocent party.
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Hello! Here are the rules for divorce:
If a man or a woman requests a divorce, the relevant departments 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.
After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
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The entire matrimonial law is a provision for divorce.
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1. There are two procedures for divorce, one is to go to the civil affairs department to get a divorce by early excavation; The second is to go to the court to handle the divorce by litigation.
2. The maintenance of the child is agreed by both parties, and the court will judge if the agreement is not reached.
3. In principle, the joint property shall be divided equally, but it shall be divided in accordance with the principle of taking into account the interests of the woman and the interests of the innocent party.
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In 2015, a new rule was introduced that if a couple has a child, they must not divorce until the child is 18 years old.
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