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I'm all handwritten, so I can read it.
If it is simply a divorce, if there is no economic or property dispute, then there is no need for any proof, as long as both parties agree, you can go to the divorce.
If the other party does not agree, then you can go to the court to file for divorce, and the court will mediate first according to your situation, and if the mediation fails, just wait for the judgment.
I'm talking about property disputes between you that don't have money and houses, and simple divorce is the above two methods.
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There are two ways to get married: one is to register the divorce, and after the two parties reach an agreement on all aspects of the divorce, they can go to the Civil Affairs Bureau to go through the divorce registration procedures and obtain the divorce certificate; The other is litigation divorce, if the two parties cannot reach an agreement on all aspects of the divorce, and one party insists on divorce, he can only sue the court to settle it, of course, he can also mediate to the court, and if the mediation fails, the court will make a judgment according to the actual situation. An agreement is required for a registered divorce, and a complaint must be written for a divorce by litigation.
In addition, no matter what form of divorce, both parties are required to have a marriage certificate, ID card, household registration book, children's birth certificate, etc. The prosecution also requires evidence such as emotional breakdown, property, etc.
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Divorce is very simple, just bring the marriage certificate of two people, and the divorce agreement, personal documents, and household registration book to go through the divorce procedures.
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Legal analysis: The proofs required for divorce are: 1. When divorce by agreement, you can go to the local marriage registration office with your ID card, marriage certificate, and household registration booklet; 2. When filing for divorce, you need to write a lawsuit, bring a copy of the marriage certificate, ID card, and household registration booklet, and issue the defendant's residence certificate at the same time to file the case.
The conditions for accepting an application for divorce registration are: (1) 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) The parties hold a divorce agreement, which contains the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt handling; (5) The parties concerned hold a marriage certificate issued by a Chinese embassy (consulate) in a foreign country in the guise of a marriage registration authority or department in the Mainland; (6) Each of the parties submits 2 2-inch single recent half-length bareheaded**; (7) The parties hold valid identity documents provided for in articles 29 through 35 of these Norms.
Legal basis: Article 1078 of the Civil Code of the People's Republic of China Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.
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Legal analysis: Under normal circumstances, if both men and women agree to divorce voluntarily, they can go directly to the Civil Affairs Bureau to go through the divorce procedures. Both parties must apply for divorce at the marriage registration office, which will issue a divorce certificate when it ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
They need to bring the following materials: 1. Household registration book and ID card with double dressing and preparation; 2. Marriage certificate of both parties; 3. The divorce agreement signed by both parties.
Legal basis: Civil Code of the People's Republic of China Article 1076 Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
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The following proofs are required to apply for divorce in law: 1. The original ID card of the plaintiff; 2. The proof of the relationship between the husband and wife of the two parties can generally provide the marriage certificate and the marital status certificate issued by the marriage registration authority; 3. The proof of the joint property of the husband and wife is generally sufficient to submit the property list; 4. If there are children, the birth certificate and household registration book of the children shall also be submitted.
[Legal basis].
Article 11 of the Marriage Registration Regulations: Mainland residents who have registered for divorce shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties.
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Legal Analysis: Under normal circumstances, if both men and women agree to divorce voluntarily, they can go directly to the Civil Affairs Bureau to go through the divorce procedures. Both parties must apply for divorce at the marriage registration office, and the marriage registration office will issue a divorce certificate when it ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
They need to bring the following materials: 1. The household registration book and identity certificate of both parties; 2. Marriage certificate of both parties; 3. The divorce agreement signed by both parties.
Legal basis: Civil Code of the People's Republic of China Article 1076 Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
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Legal analysis: 1. When divorce by agreement, you can go to the local marriage registration office with your ID card, marriage certificate, and household registration booklet;
2. When filing for divorce, you need to write a lawsuit, bring a copy of the marriage certificate, ID card, and household registration booklet, and issue the defendant's residence certificate at the same time to file the case.
Legal basis: "Norms for Marriage Registration Work" 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) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;
5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;
(6) Each of the parties submits 2 2-inch single recent half-length bareheaded**;
(7) The parties hold valid identity documents provided for in articles 29 through 35 of these Norms.
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Litigation divorce needs to prove: the identity of the parties; the marital relationship between the parties; The relationship between the two parties has indeed broken down, including factual evidence such as the husband and wife having been separated for two years due to emotional discord, one party bigamy or cohabitation with another person, and the relapse of domestic violence.
[Legal basis].
Article 1079 of the Civil Code of the People's Republic of China provides that if 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 the mediation fails, the divorce shall be allowed to be omitted
1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other situations where the relationship between husband and wife breaks down due to incurring losses. 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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1. What proof is required for separation.
1. Separate beds are not divided into rooms.
In the case of separate beds and no separate rooms, if you have already thought about divorcing, then sign a certificate of separation or a separation agreement with the signatures of both parties. If there is no separation agreement, it is better to make a verbal commitment, and naturally in the law, the other party must recognize it. Legally, if the other party does not admit it, it is difficult to obtain evidence.
2. There is a lease contract for the subdivision.
When there is a discord, one party leaves the house and rents a house elsewhere or from a relative. In the first case, it is enough to provide the rental contract signed with the landlord directly in front of the law, and then find the landlord as a witness. If you are staying with a relative, then the relatives who are naturally living there are witnesses, and you can ask them to help provide evidence that you are in a state of separation.
3. Correspondence and e-mail.
After separation, when the law collects evidence, it does not only look at one side of the evidence, but also needs multiple types of evidence. Therefore, at this time, if you have correspondence or e-mails with the other party, you must keep these contents well, and when collecting evidence, the law will know from the content of the correspondence that you are not in a good relationship, and that the husband and wife are in a state of separation.
4. Human witnesses. When the husband and wife are not in harmony, the people around you must know about your specific marital status, for example, friends you know together, or mutual relatives. When you need to prove your separation status for your marriage, you need these witnesses to prove it.
However, when the law collects evidence, some of the witnesses' words will not be accepted by the law, so the witnesses need to find a few more to prove the separation of your husband and wife.
5. Issue a certificate of separation.
If you want to divorce by way of separation, you need to send a separation certificate to the other party, which clearly states that your current status is separation. It is best to send these written separation documents by postal courier so that you can keep the proof of delivery, and when you need to collect evidence by law, you will send them when you will start your separation.
2. Which separation certificates are required in the event of divorce.
If two people live separately, they can prove that they are not living together and are living alone through the community, village committee, neighbors of their place of residence, work unit, dormitory cohabiting colleagues, etc. As long as it is proved that you are separated from your spouse, you can only prove it through these.
Strictly speaking, this is an inexhaustible inductive reasoning, and any person or Sakura Min's unit can only prove that the two people are not cohabiting within the scope of his knowledge, and there is evidence that they are not cohabiting in one place, which does not mean that the two people are not cohabiting in other places. To prove that the two people have not lived together for a period of time, unless the two people are not living together for 24 hours with the sedan chair Songtou Zen head, the proof is vacant. This is not realistic.
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Legal Analysis: 1. Application. When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration office where one of the parties is registered with their household registration certificate, resident identity card, letter of introduction issued by their employer, villagers' committee or residents' committee, divorce agreement and marriage certificate.
2. Review. The marriage registration machine Zhihuai Hanguan conducts a strict review of the divorce application in accordance with the law, mainly to examine whether the parties are truly voluntary, and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses, and property and debt disposal.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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.
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