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Anonymous users2024-02-13Civil affairs bureau. There are two ways to get a divorce, divorce by agreement (Civil Affairs Bureau divorce) or litigation divorce (divorce by lawsuit).
In the case of divorce by agreement, after negotiation between the two parties, they shall go through the divorce formalities at the original marriage registration authority or the civil affairs department at the place where either party is registered with the divorce agreement, marriage certificate and ID card of both parties and obtain the divorce certificateIt can be done on the same day.
In the case of divorce by litigation, one party may file a lawsuit unilaterally in the court where the defendant is domiciled, or in the court where the defendant is not registered but has resided for more than one year. If there is no major dispute, the summary procedure will be applied, which will generally be completed in about 3 months, and if the case is more complicated, it will be transferred to the ordinary procedure, which will be completed in about 6 months.
Article 32 of the Marriage Act stipulates that a divorce shall be granted if the relationship has indeed broken down and mediation fails.
If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation of a spouse with another person, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., resulting in the breakdown of the relationship between the husband and wife, if there is such evidence, the court will generally grant a divorce, if there is no such evidence, the court will not grant a divorce, the prosecution can only sue after 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.
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Anonymous users2024-02-12The divorce certificate shall be handled at the marriage registration office. According to the law, if 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 a permanent residence to register the divorce. At the time of divorce, the husband and wife may choose the place of divorce, they can go to the place where the man's household registration is located to go through the divorce registration formalities, or they can go to the place where the woman's household registration is located to go through the divorce registration formalities, after the husband and wife choose the place of divorce, they shall apply to the marriage registration authority for the dissolution of the quarrel, and submit the corresponding divorce documents and materials to the marriage registration authority, and then after the 30-day divorce cooling-off period, if both parties have not withdrawn the divorce application after the expiration of the period, they shall jointly apply to the marriage registration authority for the issuance of a divorce certificate, and after the marriage registration organ has reviewed the divorce materials, if it finds that the conditions for divorce are met, the divorce certificate shall be issued immediately。
Legal basis] Marriage Registration Regulations
Article 10 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 collapsed their 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.
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Anonymous users2024-02-11Legal Analysis: For divorce procedures, different situations have different handling methods and handling authorities.
If both parties agree to divorce by agreement, go to the marriage registration office of the civil affairs bureau where one party's household registration is located to go through the divorce procedures.
If the two parties have a dispute and cannot agree on a divorce, the party who wants to divorce can file a divorce lawsuit with the court, and the specific court to which court to file the divorce lawsuit can learn more about the court with jurisdiction over the divorce lawsuit.
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 their consensus on matters such as child support, property or bonds, 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.
When the people's court hears a divorce case, Lao Li should mediate; 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.
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Anonymous users2024-02-10Legal analysis: Divorce should be agreed upon by both husband and wife, and if both husband and wife divorce voluntarily, they can go to the marriage registration authority to register the divorce. If the spouses cannot reach an agreement, they can only go to the court to sue for divorce, and the court will decide whether to grant the divorce.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person.
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.
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