What should I do with the divorce certificate How long will it take to get it done?

There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department. According to Chapter IV of the "Marriage Law of the People's Republic of China" Divorce Article 31 Where a man and a woman divorce voluntarily, 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: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court. 1. The procedures for divorce by agreement of the civil affairs departments are convenient.

The process of drafting a divorce agreement should be very cautious, never hasty, and it is best to ask a lawyer to check it if necessary. According to Chapter 3 of the Marriage Registration Regulations, Article 10 of Divorce Registration 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. Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. If both parties agree to the divorce and can reach an agreement on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce by mutual agreement after the revision of the Marriage Registration Regulations came into effect on October 1, 2003.

2. Court Litigation Divorce: Convenient and cumbersome. According to Chapter IV of the Marriage Law of the People's Republic of China Divorce Article 32 Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

If one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on the maintenance of the children or the division of property, the only way to divorce is through court proceedings.

1. The divorce certificate is only available for divorce by agreement, as long as the divorce parties reach a divorce agreement and complete the relevant procedures in the civil affairs department, they can receive the divorce certificate, which takes about 2 hours. 2. If it is a divorce by litigation, then there is no divorce certificate to receive, and after the divorce judgment takes effect, the divorce certificate will be issued by the court.

How long does it take to get divorced?

1. How long does it take for the divorce certificate to be issued?

1. It takes 30 days after the divorce certificate is registered. Because the current law stipulates that after applying for divorce registration, a 30-day divorce cooling-off period is required, and after this cooling-off period, both husband and wife need to go to the marriage registration authority to issue a divorce, and at this time, the marriage registration authority can only obtain the divorce certificate if the marriage registration authority finds that the conditions for divorce are met.

2. Legal basis: Article 1077 of the Legal Basis of the People's Republic of China.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

2. What materials need to be prepared for litigation divorce?

The materials that need to be prepared for litigation divorce are as follows:

1. A civil complaint requesting the dissolution of marriage with the defendant;

2. The original and three copies of the marriage certificate;

3. The original and photocopy of the ID card of the plaintiff and the defendant;

4. The original and photocopy of the child's birth certificate;

5. Evidentiary materials proving that the relationship between the husband and wife has indeed broken down and meets the necessary conditions for divorce stipulated by relevant laws and regulations;

6. Other evidence materials for laughing.

If the parties are divorced by mutual agreement, it mainly depends on how long it takes for the parties to negotiate to reach an agreement. After both parties reach an agreement, sign the divorce agreement, go to the Civil Affairs Bureau to handle it, and get the divorce certificate on the spot. If the parties are unable to reach a divorce agreement and a divorce is to be litigated, the time is relatively long.

Divorce through litigation procedures must first go through the filing of the case, the first trial, and finally the judgment. According to the provisions of the Civil Procedure Law, a case tried by a people's court applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case. People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial. If there are special circumstances that need to be extended, the president of the hospital shall approve the return of the min.

People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial. Therefore, if you want to get a divorce certificate as soon as possible, it is recommended that both parties agree to divorce and reach an agreement on child support, property, debts and other issues as soon as possible.

Legal basis: Article 149 of the Civil Procedure Law of the People's Republic of China.

People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; If it is still necessary to extend, it shall be reported to the higher people's bridge civil court for approval.

Article 161 of the Civil Procedure Law of the People's Republic of China.

People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case.

The divorce procedure by mutual agreement takes about 30 to 60 days. The divorce process takes about three or six months. In the case of divorce by mutual agreement, both parties shall apply to the marriage registration authority for the issuance of a divorce certificate within 30 days after receiving the divorce registration.

In the first instance of divorce by litigation, the summary procedure takes three months, and the ordinary procedure takes six months.

[Legal basis].

Article 1077 of the Civil Code provides that within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. Article 149 of the "Civil Procedure Law of the People's Republic of China" People's courts applying ordinary procedures shall conclude trial within 6 months of the date on which the case is filed.

Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where it is still necessary to extend it, it is to be reported to the people's court at the level above for approval of the letter. Article 1: Blind 161:People's courts applying the summary procedures to hear cases shall complete trial within 3 months of filing the case.

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 the consensus reached on matters such as child support, property, and debt management.

Article 1079 Where one of the husband and wife requests a divorce, the relevant organization 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.

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.

Legal analysis]: Go through the divorce procedures at the Civil Affairs Bureau. This method takes about 10 minutes.

Both parties need to be present, and both parties agree to the divorce, and have reached an agreement on the children, joint property, creditor's rights and debts of both parties, and form a written divorce agreement, signed by both parties and stamped with their fingerprints. If the two parties have reached a divorce agreement, but go to the court to request a divorce and dissolve the marriage relationship through litigation, the trial is generally concluded within three months, and the court will issue a divorce mediation document or divorce judgment as proof of divorce, usually a divorce mediation document. As long as the other party does not agree to the divorce, the people's court will generally rule that the divorce will not be granted to both parties in the case of the first lawsuit.

[Legal basis].Article 13 of the Regulations on Marriage Registration The marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the history of the group. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.