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The procedure for suing for divorce in a different place is as follows:1The lawsuit was filed in the court of the plaintiff's domicile.
2.Submit the complaint and relevant evidentiary materials. 3.
Wait for the court to accept the case and notify the defendant to respond to the lawsuit. 4.Conduct pre-trial mediation to facilitate reconciliation between the parties.
5.If the settlement fails, a ** trial will be conducted. 6.
The court renders its judgment and notifies the parties. Notes:1
Conclusive evidence is the basis for the success of the litigation, so relevant evidence, such as proof of identity, marriage certificate, property certificate, etc., should be collected and preserved in advance. 2.In the course of litigation, evidence should be submitted to the court in a timely manner and pre-trial preparations should be made.
3.If you have a lawyer**, you should communicate with the lawyer in a timely manner and submit relevant evidence. 4.
If there is a possibility of settlement, you should negotiate with the other party in a timely manner to avoid delaying the litigation.
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After the divorce certificate of the parties is lost, there is no need to issue a single certificate. You can go directly to the marriage registration office to reapply for a reissue. According to Article 17 of the Marriage Registration Regulations, if a marriage certificate or divorce certificate is lost or damaged, the parties concerned may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has permanent residence with their household registration booklet or ID card for replacement.
Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.
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If your divorce certificate is lost, you can go to the marriage registration department where you have handled the divorce with your ID card to apply for a replacement, and you can do it on the same day.
It is also possible to issue a certificate of marital relationship in the department.
Hope it helps, hope, thank you.
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The certificate of divorce and singleness must be issued by the Civil Affairs Bureau.
Procedures for handling single status certificates.
1. First of all, this is an unmarried letter of introduction, which is an important document from the Civil Affairs Bureau to prove his name, ID number, place of origin and most importantly, the official seal.
2. Submit the letter of introduction, ID card, and household registration book (copy) of the neighborhood committee to the local civil affairs department.
3. The Civil Affairs Bureau's pre-marriage registration and burial office. Staff will prepare a draft ** to fill in and fill in their information.
6。Check the information on the attestation form and check it correctly.
To sum up, after the divorce, the marital relationship changes from married to divorced, and the individual should go to the local civil affairs department to issue a divorce single certificate, and provide household registration booklet, ID card, divorce certificate and other materials, and if the requirements are met, the civil affairs department will issue a divorce single certificate. Divorce is a big deal for individuals, and if there are still children, both parties should be more cautious and try not to divorce if they can handle the conflict.
[Legal basis].
Civil Code of the People's Republic of China
Article 1049.
A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
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There is no longer a need to open a single certificate。In mid-September 2015, the Ministry of Civil Affairs announced the abolition of the "single certificate".
On the basis of soliciting the opinions of the Ministry of Education, the Ministry of Justice, the Ministry of Housing and Urban-Rural Development, the China Banking Regulatory Commission and other major departments for the use of marriage certificates, the Ministry of Civil Affairs issued the "Notice of the Ministry of Civil Affairs on Further Standardizing the Work Related to the (None) Marriage Registration Record Certificate" (hereinafter referred to as the "Notice"), which stipulates that from the date of issuance of the document, in addition to the notarization matters related to Taiwan and notarization matters in 9 countries including Kazakhstan, certificates can still be issued, so as to protect the legitimate rights and interests of mainland residents and Chinese citizens. Local civil affairs departments will no longer issue (none) proof of marriage registration records.
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A "single certificate" is also known as a "certificate of no marriage registration record". Since 2015, the civil affairs department has begun to stop handling the certificate, if a citizen needs to prove his marital status in a divorce, he can directly provide a divorce certificate and other valid information to confirm, if the relevant business does need to provide relevant certificates, you can bring the household registration book, ID card, divorce certificate and other information for consultation, but the single certificate is no longer handled.
The civil affairs department will no longer issue a certificate of no marriage registration record to any department or individual, except for continuing to issue certificates for notarization matters in nine countries, including Kazakhstan, Finland, Austria, the Netherlands, Germany, Argentina, Uruguay, Mexico, and Poland, as well as the Taiwan region.
According to the Social Affairs Department of the Department of Civil Affairs, at present, the masses are mainly used for real estate transactions, provident fund loans, social security and other matters. The "certificate of singleness" does not confirm whether the clerk is married.
Resources.
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The single certificate, also known as the "unmarried certificate", and the full legal name is called the "certificate of no marriage registration record", which is a written certificate that proves whether the parties have registered their marriage in the civil affairs department as of a certain time, and is issued by the marriage registration office of the civil affairs department where the household registration is located. The marital status of the parties applying for the issuance of "no certificate of marriage registration record shall be unmarried, divorced or widowed."
Unmarried: Household registration booklet and original ID card.
Divorced: Household registration booklet, ID card, divorce certificate (if it is a first-instance judgment, a certificate that the original court has determined to be effective) must be issued
Widows: Household registration booklet, ID card, and widow certificate with the time of death (the widowhood certificate can be issued by the local police station or the community).
Two recent bareheaded color ** (according to the needs of local layouts).
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"Divorce Certificate" refers to the written proof prepared by the people's court for the parties to the divorce case to prove the fact of divorce of the parties to the divorce case. Different from the court's judgment and mediation document, this type of certificate only states the names, ID numbers, case numbers and effective date of the case on both parties, and hides other contents of the judgment document, effectively protecting the privacy of the parties. According to the laws of our country, there are only two ways to get divorced
One is to register with the Civil Affairs Bureau and receive a divorce certificate; The second is to go to the court to file a lawsuit, and the court will issue a judgment or mediation document. If the divorce is passed by the court, there is no divorce certificate, and the court judgment or mediation document can only be used to prove the fact of divorce. When it is necessary to prove marital status for household registration changes, house sales, bank loans, etc., many people will find it very inconvenient to provide legal documents.
Because the biggest difference between submitting a court judgment and submitting a divorce certificate is that the judgment often involves a large amount of personal privacy information, and people are not willing to let more people know about this private information. "The function of the divorce certificate is equivalent to the divorce certificate issued by the civil affairs department in a divorce by mutual agreement, and the legal effect of the two is the same. In the future, when the parties apply for household registration transfer, bank loans, visas to go abroad, remarriage registration, etc., they do not need to provide the judgment to the relevant units, but only need to provide the divorce certificate.
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The application materials for the certificate of single status are as follows.
Applicant's ID card and household register.
A divorce certificate is issued by the divorced person.
Fill out an application**.
If it is issued by another person, a power of attorney and the identity card of the trustee shall be provided.
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1. How to apply for a single certificate.
You need to bring your ID card, the original household registration book or household registration certificate and 2 two-inch **, which will be issued directly at the marriage registration office in the jurisdiction.
2. Can I entrust the single certificate?
The client needs to write a power of attorney and notarize it at the notary office in the city where the client is located (the power of attorney needs to state the client's marital status, for example: unmarried and divorced), and the entrusted person shall come to handle it with the original power of attorney, the client's ID card, household registration book, 2 2-inch **, the entrusted person's ID card and household registration book. (6 things in total).
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Legal analysis: Generally, a single certificate cannot be issued, but a divorce certificate can be issued.
1.Proof of divorce, if the divorce was divorced by mutual agreement at that time, you can inquire with the Civil Affairs Bureau or the Archives Management Office and request the issuance of a divorce certificate.
2.If the divorce is divorced by a court judgment or mediation, you can check the judgment or mediation letter from the court, and you can also go to the court archives to check it.
3.If you can't find any of the above information, you can ask the specific agency that wants the divorce certificate, whether the village or neighborhood committee where the party is located can issue a divorce certificate. If you can, then you can ask the relevant department to issue one.
4.The divorce certificate generally includes the date of birth of the parties, the marriage registration authority, the divorce authority, etc. Return.
5.The certificate of marriage can be issued by a notary public.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 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.
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I am already divorced, how to open a single certificate.
Hello: The following is the single certificate and the documents that need to be prepared: the single certificate is generally issued by the civil affairs department where the household registration is located, and the role is to prove whether the parties have a written certificate of marriage registration in the civil affairs department as of a certain time.
Materials that need to be prepared for the establishment of a single certificate: 1. The household registration book or household registration certificate of the parties. 2. Original resident ID card.
3. The divorced person shall provide the divorce certificate or court mediation (judgment) document, and the widowed person shall provide the death certificate or widow certificate issued by the public security organ department. 4. If you entrust others to handle it, you should also submit a power of attorney signed by the party in the mold chain and the ID card of the entrusted person. Specifically, I hope it can help you!
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