What do you need for a second divorce

There are two types of formalities required for a second divorce:

1. If both parties reach a consensus and agree to divorce, both parties shall go to the Civil Affairs Bureau in person to go through the divorce registration procedures;

2. In the case of divorce by litigation, the lawsuit shall be filed again with the people's court six months after the first-instance judgment takes effect, and the evidence to prove the divorce of the husband and wife shall be prepared for the prosecution.

[Legal basis].Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Documents required for the second divorce: 1. Marriage certificate. 2. Birth certificate of the child.

3. Property inventory. ID cards and household registration books of both parties. 4、**。

Each party submits two 2-inch single recent half-length bareheaded color **. Legal basis: Article 32 of the Marriage Law provides that if a man and a woman request 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.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Legal analysis: There are two types of procedures required for the second divorce: 1. If both parties reach a consensus and agree to divorce, both parties shall go through the divorce registration procedures at the Civil Affairs Bureau in person; 2. In the case of divorce by litigation, the lawsuit shall be filed again with the people's court six months after the first-instance judgment takes effect, and the evidence to prove the divorce of the husband and wife shall be prepared for the prosecution.

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.

One. Divorce by agreement requires the husband and wife to reach a divorce agreement, and reach a consensus on the division of property and child support, and then bring the ID cards of both parties, marriage certificates, household registration books, and divorce agreements to the Civil Affairs Bureau.

2. Substantive conditions.

Principal Elements. A legal spouse whose marriage has been registered in accordance with the law. That is, it does not include the husband and woman who are illegally cohabiting, nor does it include de facto unions.

Consensual Element. The requirement of "consensual" means that the spouses agree on the issue of divorce, and such expression of intent must be genuine and voluntary. An expression of intent to divorce due to fraud, coercion or material misunderstanding by the other party or another person is invalid.

The legal requirement that "the issue of children and property must be dealt with in an appropriate and appropriate manner" must be met. "Proper disposition" refers to an agreement between the parties to a divorce by mutual agreement on the handling of child support and property issues. Among them, the issue of children should be appropriately handled, including who bears the guardianship responsibility for the minor children, how to bear the child's maintenance and education expenses, and whether the child's surname has changed.

Property issues, including the reasonable division and disposal of common property, the allocation of joint debts, the distribution of housing, and economic assistance to the needy party. In addition, the above conditions should also be included in the divorce agreement.

Extended Information: A divorce agreement is a written agreement between the spouses who are about to dissolve their marriage and agree on the division of property, child custody and visitation, spousal support, and child support.

[Legal basis].: Article 1076 of the Civil Code of the People's Republic of China [Divorce by Agreement] If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Most of the reasons why the divorce was not adjudicated in the first lawsuit was due to insufficient evidence of emotional breakdown, so this time should be used to collect some necessary evidence before the second lawsuit, so as to play a beneficial role in the second divorce. The Marriage Act provides that if the relationship has indeed broken down and mediation fails, a divorce shall be granted. If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as:

In the case of bigamy or cohabitation of a spouse with another person, domestic violence, gambling, drug abuse, or separation for two years due to emotional discord, the court will generally grant a divorce if there is such evidence, and if there is no such evidence, the court will not grant a divorce, and the prosecution can only file a lawsuit after 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce. The following evidence is mainly supplemented: (1) Supporting materials for the change of feelings between the husband and wife after marriage and the reasons for the divorce.

2) Proof of the current status of the relationship between the husband and wife. In case of separation, provide materials such as the time of separation, the reason, and the separation agreement; If they have sued for divorce, they shall provide materials such as court judgments and rulings; Where there has been a fierce conflict between the families of both parties, provide the public security organs' police dispatch records, and so forth.