What is the process of divorce and what are the things that are required

Divorce is divided into unagreed divorce and litigated divorce. Divorce by mutual agreement requires both parties to reach an agreement on whether to divorce, child custody, property division, etc., form a paper divorce agreement, and bring the original household registration book, original ID card, and original marriage certificate of both parties to the civil affairs bureau where either party is registered to go through the formalities; For divorce by litigation, you need to bring the complaint, the original and 2 copies of the ID card, the original and 2 copies of the marriage certificate, and the residence certificate or household registration certificate of the other party to the court of the other party's habitual residence or household registration and pay the legal fee before the date specified by the court. After paying the legal fee, you can call 12368 to check the judge and communicate with the judge**time, and then you can wait patiently**.

If the parties are voluntary, they need to sign an agreement on property and child support. Take your ID card, marriage certificate and divorce agreement to the civil affairs department to go through the divorce formalities.

If one party wants to divorce, they can bring their ID card and marriage certificate to the court to sue for divorce.

What are the procedures and documents to be prepared for divorce?

In the case of divorce, it is mainly the opinion of the two people to unify the property in the family. Children's property. The joint property of all two people should be clearly written, and one copy should be written first. Both parties sign the agreement and go to the Civil Affairs Bureau to go through the divorce procedures in the future.

Legal analysis: 1. Acceptance: Both parties fill in the "Declaration of Application for Divorce Registration" (provided by the registration authority) and the marriage registrar takes an oath and signs.

Where the requirements for divorce are met, they are to be registered on the spot, and where a divorce certificate is issued that meets the requirements for divorce, they are not to be registered, and the reasons are to be explained to the parties on the spot. Qin bend suspicion.

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 consensus reached on matters such as child support, property and debt disposal.

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.

The procedures and procedures for divorce are as follows:

1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**. When applying, each party shall present a certificate of household registration, a certificate of resident status, a letter of introduction issued by the unit, village, or residents' committee, a divorce agreement, a marriage certificate, etc., so that the registration management authority can ascertain the identity of the parties and determine jurisdiction.

2. Review. After accepting the parties' application for divorce registration, the marriage registration authority shall conduct a review within one month, and in the course of the review, shall have a comprehensive understanding of the content of the agreement, paying particular attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance to one of the spouses in their daily difficulties, division of property, and debt handling are appropriate.

3. Registration. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; Where the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time the parties receive the divorce certificate. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration management organ shall revoke the divorce registration, declare the dissolution of marriage null and void to the divorced party and withdraw the divorce certificate, and if the party believes that it meets the requirements for divorce, it may apply for administrative reconsideration in accordance with law, and if it is not satisfied with the reconsideration decision, it may file an administrative lawsuit in accordance with law.

There are two ways to handle divorce, and for different ways of divorce, the procedures and procedures required for divorce are differentLet's take a look at the procedures and processes required for different divorce methods.

1. There are two ways to handle divorce: divorce by agreement and divorce by litigation

Divorce by mutual agreement refers to the voluntary dissolution of the marriage relationship between the husband and wife, reaching an agreement on divorce-related issues (child support, property division, creditor's rights and debts, etc.), applying to the Civil Affairs Bureau for divorce registration, and the Civil Affairs Bureau will issue a divorce certificate to dissolve the marriage.

If you have one of the following circumstances, you must choose to divorce by litigation:

1. Only one party asks for a divorce.

2. Although both parties agree to divorce, they have not reached an agreement on issues such as child support, property division, creditor's rights and debts.

3. One or both parties are limited in civil conduct or incapacitated for civil conduct.

4. Those who have not completed marriage registration in China.

5. Both parties or one party cannot go back to the place where the household registration is located to handle it in person.

2. Procedures for divorce by agreement

1. Prepare relevant documents.

Hukou booklet, ID card (original and copy), marriage certificate (original and copy).

Foreigners, Hong Kong, Macao and Taiwan compatriots who apply for a divorce by agreement in China need to provide the following documents: their valid passports or valid identity documents from Hong Kong, Macao and Taiwan, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits.

2. Prepare relevant materials.

Two two-inch single recent half-length barehead**, divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that the two parties are willing to divorce, and both parties have reached an agreement on child support, property division and other issues, otherwise the divorce agreement is invalid.

3. Both husband and wife jointly and in person go to the Civil Affairs Bureau where one of the parties has permanent residence to go through the divorce formalities.

4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.

3. Procedures for handling divorce by litigation

1. Hire a lawyer for consultation (if your situation is relatively simple).

2. The plaintiff (the party who filed for divorce) submits a statement of complaint to the court.

3. Agree to file the case.

4. **Trial.

5. Judgment of divorce.

<>2.Censor. When accepting the parties' application for divorce, the staff of the marriage registration authority shall clearly explain the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration to the parties, and both parties shall be truthful about the questions raised by the marriage registration administrators.

3.Check in. After examination, the marriage registration management organ shall register the divorce application that meets the requirements and issue a "Divorce Certificate" and cancel the "Marriage Certificate".

After the Civil Code came into effect, due to the addition of the cooling-off period system for divorce, the procedure for divorce by mutual agreement was changed to:

1) Prepare a divorce settlement. Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts.

2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.

3) Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".

4) Review and issuance. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate. (The Civil Code came into force on January 1, 2021).

1. Drafting a complaint.

2. Prepare the evidence required for the lawsuit.

3. Submit the complaint and evidence to the court of competent jurisdiction.

4. The court decides whether to accept the lawsuit.

5. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time.

6. The court arranges a time and sends a summons to both parties.

7. **Trial.

8. The court renders a judgment.

Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation. According to the provisions of China's Civil Code, if the relationship has indeed broken down, the attitude is resolute, and the mediation is ineffective, the divorce should be granted. "The relationship between husband and wife has indeed broken down" is a legal condition for a divorce.

Dissolution of marriage refers specifically to the dissolution of the relationship between husband and wife through legal procedures.

Divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).

1) The parties submit certificates and supporting materials;

2) The marriage registrar checks the corresponding documents and supporting materials;

3) The marriage registrar shall explain to the parties the conditions of the Marriage Law on the registration of divorce;

4) The marriage registrar asks the parties about their willingness to divorce and their willingness to the content of the divorce agreement;

5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration and sign it in front of the oath administerer;

6) Both husband and wife sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7) The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8) Issuance of divorce certificate. The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:

1. Verify the name, date of birth, and willingness to divorce with both parties;

2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with the children after the divorce, and the obligations they should fulfill;

3. Witness the parties themselves to sign in the column of "Signature or fingerprint by the parties" in the "Divorce Registration Review and Processing Form"; Where the parties do not know how to write their names, their fingerprints shall be pressed.

4. Affix a strip seal to the marriage certificate of the parties, which states that "both parties are divorced, and the certificate is invalid." Marriage Registry". The cancelled marriage certificate will be returned to the parties.

5. Issue the divorce certificate to both parties to the divorce, and announce to both parties that the divorce certificate has been obtained and the relationship between husband and wife is dissolved.

First of all, divorce is divided into two ways: divorce by lawsuit and divorce by agreement. Both routes require the identity cards, household registration booklets, and marriage certificates of both spouses. If the divorce is by agreement, it is also necessary to provide a divorce agreement, which is jointly negotiated between the man and the woman, and the agreement on issues such as child support and property division after the divorce is signed and confirmed by both parties, and the above materials can be brought to the civil affairs bureau for divorce.

If the lawsuit is filed for divorce, the complaint drafted by the plaintiff and relevant evidence materials are also required, and then the lawsuit is filed with the court where the respondent's household registration is located.

Legal basis. Marriage Law of the People's Republic of China

Article 31: Voluntary divorce.

If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32 Divorce proceedings.

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. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (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.

Marriage Registration Ordinance

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

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

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.