Where to handle the divorce by agreement of the rural household registration, and the procedure for

To handle it at the civil affairs department of the place where the marriage is registered, it is necessary to submit the "Marriage Certificate" and "Divorce Agreement" to the civil affairs department, and the ID cards and household registration of both parties. Note that the divorce agreement must have a clear agreement on child support and the distribution of property, and more importantly, you must go in person.

I am a lawyer, and as far as you mentioned, at the Civil Affairs Bureau, you need to prepare a divorce agreement.

The court at the place of the defendant's domicile or habitual residence accepts the case. Both men and women shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register for divorce, that is, the marriage registration authority at the place where either the man or the woman has a permanent residence can be registered, and they are not subject to the restrictions of the original marriage registration authority. The following documents should be submitted to register a divorce:

In accordance with the Regulations on the Administration of Marriage Registration, a party applying for registration of a divorce shall submit a written application to the marriage registration authority for registration of divorce.

The following documents should be submitted at the same time as the marriage application:

1. Household registration certificates of both parties to the divorce;

2. Apply for the resident identity cards of both parties to the divorce;

3. A letter of introduction issued by the unit, villagers' committee or residents' committee of both parties;

4. Divorce agreement;

5. Marriage certificate and certificate of relationship between husband and wife.

If an active-duty soldier applies for divorce registration, he must submit a decision and a letter of introduction from the political organ at or above the regimental level of his unit.

If the marriage registration authority cannot find his/her marriage registration file and his marriage certificate is lost, he or she may go to the household registration authority of the place of residence at the time of marriage registration to issue a certificate of household registration of the original residence there, and both parties shall issue a notarized declaration of marriage registration by the marriage registration authority and a letter of guarantee issued by relatives and friends in the Mainland;

6. Two recent bareheads** for both parties applying for registration of the divorce.

Legal Analysis: There are two types of divorce procedures:

1) For divorce by agreement, the parties shall apply for divorce registration at the marriage registration authority where one party's household registration is located with the marriage certificate, household registration booklet, resident ID card and other documents and certificates of both parties, as well as the divorce agreement; The marriage registration authority shall examine the parties' applications for divorce and ascertain whether the certificates and documents carried by the parties are complete and whether the parties meet the requirements for registering a divorce; Where the marriage registration authorities have divorced voluntarily and have reached a consensus on the handling of issues such as child support, property, or debts, they shall register them on the spot and issue a divorce certificate.

2) Litigation divorce, the procedure is that the parties file a lawsuit with the divorce complaint to the court where the lawsuit is filed; Submit prosecution materials, pay fees, wait for mediation, and ** notice according to the requirements of the court; The court grants a divorce, or the court may sue again six months after the judgment takes effect.

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.

There is no difference between a rural hukou divorce and an urban hukou divorce, and both men and women need to go to the marriage registration office with relevant documents to go through the examination and formalities under the condition that they are completely voluntary, so as to end the marriage relationship and obtain the divorce certificate. The only difference is the way the divorce ends, depending on whether the parties choose to divorce by agreement or litigation. Divorce by agreement requires a household registration book before the divorce can be handled; For divorce by litigation, the household registration book is not required, and the lawsuit can be filed with the divorce lawsuit, ID card and the original household registration of the children.

Legal basis: According to Article 31 of the Marriage Law of the People's Republic of China, if 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 stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.