In 2020, if one party gets a divorce certificate and the other party doesn t get it for several year

Of course, you can get married, as long as the two of you have legally gone through the divorce procedures, it means that you have actually divorced in law. As long as one party obtains the divorce certificate, it means that the other party also obtains the divorce.

As for the divorce certificate, if you don't get it, it doesn't matter, you can go to the place where you originally divorced to reissue it or ask the other party to issue a certificate for you, because you have been divorced for a long time, and there may not be an online query function at that time, or there may be, most places in China are opened in 2015, and you can check the divorce situation on the network of the online civil affairs department.

You can get your marriage situation on the Internet, and whether you can get married or not is clear at a glance.

If you can find it on the network of the civil affairs department, capture a picture or print a copy, you can prove it, so that you can apply for a new marriage certificate, If your area is more developed, you don't need to prove, ** information is shared between departments, after your ID card is entered, they all know, If you can find it, you can't print a "marriage certificate" if you don't meet the conditions.

I wish you a new marriage as soon as possible.

Of course, you can only return to being single after divorce, whether you are married or can't marry someone else, no matter how long it is, it is a crime of bigamy. So women don't be so stupid, they must find out what the other party's marital status is.

Legal Analysis: One party cannot remarry without a divorce certificate. You must divorce before you can remarry, otherwise it will constitute bigamy, and bigamy marriage is invalid.

An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. If the marriage is invalid or annulled, the innocent party has the right to claim damages.

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 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.

Summary. If you don't have a divorce certificate, you can get a remarriage marriage certificate. Bring your household registration certificate and the "Certificate of Marital Status" issued by your unit or village (resident) committee to the original marriage registration authority to submit an application, and the original marriage registration authority will verify that you have indeed handled marriage registration at the organ in accordance with the law after verifying the marriage registration file.

Then you will apply for verification of the facts, and report to the city, municipal district, and county civil affairs department for review and approval, and then issue you a "Certificate of Dissolution of Husband and Wife Relationship" in accordance with the law. The relevant certificate issued by the replacement shall have the same legal effect as the Marriage Certificate or Divorce Certificate. You can only get married when you get the certificate.

If one party does not have a divorce certificate, can he remarry?

If you don't have a divorce certificate, you can get a remarriage marriage certificate. Bring your household registration certificate and the "Certificate of Marital Status" issued by your unit or village (resident) committee to the original marriage registration authority to apply, and the original marriage registration authority will verify that you have indeed handled the marriage registration registration at the organ in accordance with the law. After the application for nuclear starvation is found to be true, it will be reported to the civil affairs department of the city, municipal district, or county for review and approval, and a "Certificate of Dissolution of Husband and Wife Relationship" will be issued for you in accordance with the law.

The relevant certificate issued by the replacement shall have the same legal effect as the Marriage Certificate or Divorce Certificate. You can only get married when you get the certificate.

Hello, if the man has not been easy, the woman will automatically dissolve the marriage after suing a few times.

Disagree. As long as the relationship has indeed broken down, the court can grant a divorce. The specific number of times it will be required depends on the specific circumstances of the case. In general, it usually takes twice.

If you don't have a divorce certificate, you don't need to get divorced, and you can get married again. There is no de facto marriage in China's current Marriage Law. If a person does not have a marriage certificate, he or she can marry a second person and apply for a marriage certificate and a birth certificate as long as the illegal cohabitation relationship between the man and the woman is dissolved.

The following principles should be followed in the handling of de facto marriages:

1) The de facto marriage has the effect of concealing the existence of a marriage. Where a de facto marriage is confirmed, it is actually confirmed that it is a lawful and valid marriage, and the relationship between the parties is governed by the provisions of the Marriage Law on the rights and obligations of husband and wife.

2) In the trial of a de facto marriage case, if the parties withdraw the lawsuit, the validity of the marriage relationship shall be confirmed, and a ruling or judgment shall be issued to grant divorce.

3) In the event of a de facto marriage, the relevant provisions of Articles 36 to 42 of the Marriage Law shall apply to issues such as the maintenance of children, the division of property, and the financial assistance to the party in difficulty.

If one party does not have a divorce certificate, he or she is generally not allowed to remarry. However, if the person concerned can provide other evidence to prove that there is no spouse, except for the split. According to the relevant laws and regulations, when a mainland resident marries, both the man and the woman shall provide their household registration booklet, ID card, and a signed statement that they have no spouse (divorce certificate) and have no direct blood relatives or collateral blood relatives within three generations.

If the file is qualified after examination, it shall be registered on the spot and a marriage certificate shall be issued.

[Legal basis].

Article 4 of the Marriage Registration Regulations.

When a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence.

Article 5. Mainland residents who apply for marriage registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) A signed statement that he or she has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party.

Article 7. The marriage registration authorities shall examine the documents and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances. Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.