Procedures for divorce, how to handle divorce procedures

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. 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 organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. Two recent one-inch bareheaded photos of the parties;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who 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 a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

5. Charging standard: 20 yuan for production cost.

It must be done at the place where one of the parties has a household registration. In this case, it is advisable to go to court to file for divorce.

The divorce procedure is divided into two situations. They are: 1. Divorce by agreement.

If the husband and wife divorce voluntarily, they need to sign a written divorce agreement and submit an application for divorce registration in person at the marriage registration authority. If the review is passed, both the man and the woman can apply for a divorce certificate after the cooling-off period for divorce; 2. Divorce by litigation. If one of the spouses requests a divorce, they may have the relevant organizations mediate, or directly go to the people's court to file a divorce lawsuit.

[Legal basis].

Civil Code of the People's Republic of China Article 1076 [Divorce by Agreement] 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:[Divorce by Litigation]Where one of the husband and wife 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.

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.

Divorce includes divorce by mutual agreement and divorce by litigation.

The whole process of divorce by agreement in 2021:

1. The husband and wife jointly and personally submit an application for divorce registration.

Materials that both husband and wife should bring: 1. The original ID cards and household registration books of both parties; 2. Original marriage certificate; 3. Divorce agreement; 4. The recent bareheaded ** (2 inches) of both parties

2. Preliminary examination. 1. Whether the marriage registration authority has jurisdiction; 2. Whether the materials provided by the parties are complete and valid; 3. Whether the divorce agreement is voluntary, and whether it is agreed on matters such as child support, property and debt disposal; 4. Whether both parties are persons with full capacity for civil conduct; 5. Whether the marriage registration of both parties was handled in Chinese mainland.

3. Acceptance. 1. Inquire about the parties' willingness to divorce and the content of the divorce agreement; 2. Both parties fill in the Declaration of Application for Divorce Registration and sign it; 3. Both parties sign the divorce agreement in person.

4. Review. The marriage registrar shall examine the documents submitted by the parties, the Declaration of Application for Divorce Registration, and the divorce agreement.

5. Receipt of materials.

6. 30-day cooling-off period for divorce.

An application for divorce registration can be withdrawn at any time during the cooling-off period.

7. Within 30 days of the expiration of the cooling-off period for divorce, both parties shall apply for a divorce certificate in person at the marriage registration authority.

If the parties fail to apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, it shall be deemed that both parties have withdrawn the application for divorce registration, and the marriage relationship shall not be dissolved.

8. Registration and issuance of a divorce certificate.

The whole process of litigation divorce in 2021:

1. Go to the case filing hall of the court where the defendant is located or file the case online.

Materials required when filing a case:

The indictment, the ID cards of both the original defendant and the defendant, the marriage certificate, and other evidence.

2. Mediation and filing before litigation first, and arrange mediators and mediation time.

3. If the mediation fails, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50-300 yuan) with the notice of case filing. The court formally accepted the case.

4. After the case filing division of the court accepts the case, it will transfer the case to the civil division, which will conduct the trial.

5. After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit. At the same time, the court will also notify you to appear in court.

6. After both parties appear in court, the court will mediate.

7. If the mediation fails, the court shall make a judgment to grant or not to grant divorce through the trial.

Note: Mediation in divorce cases continues throughout the litigation process.

There are two main types of programs in China:

1) Administrative procedures. That is, the procedure of voluntary divorce between the parties. A man and a woman who voluntarily divorce must apply for divorce in person at the registration authority where one of the parties is registered.

The marriage registration authority shall approve or disapprove the registration in accordance with the law after ascertaining whether the parties are indeed willing and whether the children and property and the problems of life after divorce have been properly handled. When registration is granted, the marriage certificate shall be withdrawn and a divorce certificate shall be issued.

2) Litigation Procedures. That is, the procedure in which one party requests a divorce. The party requesting a divorce may file a divorce lawsuit with the people's court where the defendant is located.

After the people's court accepts the divorce case, it shall first conduct mediation, and if the mediation is successful, it shall be handled as a withdrawal of the lawsuit, and if a divorce agreement is reached after mediation, a mediation document shall be drafted and the divorce shall be agreed upon; If mediation fails, the people's court shall make a judgment in accordance with the law to grant or disapprove the divorce.