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Anonymous users2024-02-12Legal Analysis: If one or both spouses are in other places, the procedures for divorce are as follows:
1. The two parties may divorce by agreement, and either spouse returns to the place where the man or the woman is registered, or the registration authority that handles the marriage registration when the two parties get married, and handles the divorce; If the parties divorce by litigation, the plaintiff shall file a lawsuit with the basic court of the defendant's place of household registration or habitual residence.
2. If both husband and wife have been away from the place of household registration for more than one year, the divorce is generally filed through litigation, and the plaintiff who filed for divorce files a lawsuit with the basic court of the defendant's place of household registration or habitual residence.
3. Both parties bring their identity documents, marriage certificates, divorce agreements and relevant supporting materials to the registration authority to handle the divorce, and the relevant staff will handle the divorce registration if they meet the requirements; If the divorce is filed by litigation, the court shall grant a divorce after determining that the relationship between the two parties has broken down on the basis of the evidence submitted by both parties and the specific circumstances.
Legal basis: Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law: In cases where one of the spouses has been absent from the place of residence for more than one year and the other party files for divorce, the people's court at the place of the plaintiff's domicile has jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
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Anonymous users2024-02-11Legal Analysis: Non-local hukou is not allowed to go through divorce procedures in Guangzhou. If both husband and wife wish to register their divorce, they shall jointly go to the marriage registration authority for the place where one of the parties has permanent residence.
Therefore, the divorce registration procedures need to be handled in the place where either party's permanent residence is located, and it cannot be handled in a different place.
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.
It is without any obstacles to go home to the police station to open an unmarried certificate, taking into account this, ID card, 10 yuan fee, working hours to the local civil affairs department to register the party account. Congratulations to the lover who has a family member!
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