How to divorce husband and wife, how to divorce husband and wife?

There are two types of divorce between husband and wife, which is when the husband and wife agree to divorce through negotiation and sign a divorce agreement, so that they can go to the Civil Affairs Bureau to go through the divorce procedures.

Suing for divorce is generally a divorce method in which one party wants to divorce, but the other party does not want to divorce, and the negotiation fails, so the divorce party who wants to divorce will sue the court for divorce and let the court grant the divorce.

If both husband and wife agree to divorce and have no property and child support issues, they can go directly to the local marriage registration department to handle it. If one of the spouses does not agree to the divorce or agrees to the divorce, but the property or child support issues cannot be agreed, they file for divorce in the local court.

Legal analysis: If one of the spouses does not agree to negotiate a divorce, the other party has the right to file a lawsuit for divorce with the people's court and submit evidence of the breakdown of the relationship between the husband and wife. The people's court shall first conduct mediation, and if mediation fails, the people's court shall make a judgment for divorce based on the actual circumstances.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

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

Divorce between husband and wife can be divorced by agreement or by litigation, as follows:

1. Divorce by agreement means that the two parties discuss clearly on the dissolution of the marriage relationship, the custody of children, and the property and debts of the husband and wife, draft a divorce agreement, go to the Civil Affairs Bureau for divorce registration, and obtain the divorce certificate, that is, Duan Tong can dissolve the marriage relationship;

2. Litigation divorce, that is, when one party files for divorce, the other party does not agree, and it cannot be resolved by agreement, then it is necessary to file a divorce lawsuit with the people's court and terminate the marriage relationship through mediation or judgment of the court.

The relevant legal basis for the association of Ben Wu Ran Kuanwen].

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 in person to the marriage registration authority for divorce registration. 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.