What are the conditions for divorce and what are the conditions that must be met for divorce

Updated on society 2024-07-12
2 answers
  1. Anonymous users2024-02-12

    1. What are the conditions for divorce?

    1. The conditions for divorce by agreement are that the parties voluntarily divorce, sign a written divorce agreement, and apply for divorce registration at the marriage registration authority in person. The conditions for divorce by litigation are that one party files a lawsuit with the court, and there is evidence to prove that the relationship between the husband and wife has indeed broken down, and the mediation is ineffective, and the divorce can be granted.

    2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

    Where one of the spouses requests a divorce, the relevant organizations 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 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.

    2. The specific procedures and steps for handling divorce are:

    1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party has a household registration. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate;

    2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management authority;

    3. The marriage registration authority shall examine the divorce application of the parties, issue a divorce certificate within one month if they meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved;

    4. If one of the parties to the divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit with the people's court.

  2. Anonymous users2024-02-11

    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. What are the requirements for divorce? If you don't know the relevant legal knowledge and don't know how to do it, the following is the relevant content I have sorted out, and listen to the specific opinions given.

    What are the requirements for divorce? 1. Conditions for divorce - conditions for divorce by agreement.

    The prerequisites for the parties to go to the Civil Affairs Bureau to handle the divorce by agreement are:

    1. The divorce agreement reached by the man and the woman is genuine and voluntary, and the purpose of the divorce agreement signed by them is to dissolve the legal marriage relationship.

    2. The parties have made appropriate distribution and handling of the issues of children and property, and there is no dispute between the parties.

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