How can I get a divorce? How can I get a divorce?

The agreement does not lead to a lawsuit for divorce, and two years of separation is a legal condition for divorce.

There are only two ways to divorce: one is divorce by agreement; The second is litigation divorce. If the husband and wife reach a divorce agreement on divorce, they can go directly to the marriage registration department to register the divorce, and the marriage registration department will issue a "divorce certificate".

If the two parties cannot reach a divorce agreement, they cannot go to the marriage registration department to register the divorce, and can only go to the court to sue for divorce, and the people's court will make a judgment.

1. What should I do if I want a divorce?

There are two legal divorce methods in China: divorce by agreement and divorce by litigation.

There are many people in life who think that there is another way to divorce after a period of separation, but this idea is actually wrong. According to the law of our country, if the mediation of separation for two years due to emotional discord fails, the divorce shall be granted.

It should be noted that separation for two years due to emotional discord is only the basis for the court to determine that the relationship between the husband and wife has broken down. It is not necessary for the parties to have been separated for two years before they can sue for divorce.

2. What are the conditions for divorce?

1. Divorce by agreement.

Divorce by agreement, also known as registered divorce, refers to a divorce method in which the husband and wife voluntarily divorce and reach an agreement on the legal consequences of marriage, and the marriage relationship can be dissolved with the approval of the marriage registration authority.

Requirements for divorce by agreement: The husband and wife must reach a consensus on the relevant issues of divorce, children and property, and at the same time submit an application for divorce to the marriage registration authority with relevant documents and certificates, and the marriage registration authority shall register the divorce application that meets the conditions for divorce after receiving the application of the parties and issue a divorce certificate.

It is important to note that the divorce must be voluntary. The parties are legally married and have full capacity for civil conduct.

2. Divorce by litigation.

1) The premise of divorce prosecution: both parties must have a marriage certificate or have constituted a de facto marriage.

2) The initiation of divorce proceedings must be a party to the marriage relationship, and no other third party may file a divorce lawsuit as a litigant, for example, their children or parents shall not file a divorce lawsuit against their husband or wife in their own name. and have full capacity for civil conduct.

3) The criterion for the court's decision on divorce is "whether the relationship between the husband and wife has indeed broken down".

Article 32 of China's Marriage Law stipulates:

1. If one of the men and women requests a divorce, the marriage. Divorce proceedings may be filed directly with the people's court through mediation by the relevant departments.

2. The civil court of the People's Archives Department shall conduct mediation when hearing divorce cases;

3. If the relationship has indeed broken down and the mediation is ineffective, the divorce should be granted.

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

1) bigamy or cohabitation with another person who has 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;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

In life, if one party wants to divorce, he or she can end the marriage by agreement or lawsuit. In a divorce by agreement, both parties need to be voluntary, then sign a divorce agreement, and then go through the divorce procedures at the Civil Affairs Bureau. In a litigated divorce, the judge will generally review the circumstances of the divorce and confirm that the relationship between the husband and wife has indeed broken down, and then the divorce judgment will be made.

Legal Analysis: There are two types of divorce: divorce by agreement and divorce by litigation.

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 machine.

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.

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.

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.

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 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 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 allowed, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorce is a legal process, and the specific steps and requirements may vary depending on the region. The following are the basic steps for divorce in general:

1.Consult a lawyer: First, you can consult a professional divorce lawyer. They will be able to provide you with specific legal advice and guide you on how to adapt to local legal procedures.

4.Negotiate property division and child support: Once the divorce process begins, you and your spouse may need to negotiate property division and child support arrangements. During this process, you can consult with a lawyer or expert to ensure that your rights and interests are protected.

5.Appearance at court hearing: In some cases, you may need to appear in court for a lenient hearing. At this time, you can have a lawyer represent you in court to defend or represent your interests.