How to get a divorce now, and what to do if you get divorced

Divorce registration. In the case of voluntary divorce, both the man and the woman shall jointly go to the marriage registration authority for the place where one of the parties has permanent residence to register the divorce.

Mainland residents who have registered for divorce shall present the following documents and supporting materials: their household registration booklet, ID card, their marriage certificate, and 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.

Divorce by lawsuit. If the two parties fail to reach an agreement on divorce, they shall file a lawsuit for divorce in the case filing division of the county people's court where the defendant resides.

Bring two copies of the complaint, a copy of your household registration booklet, ID card, and your marriage certificate.

The court shall pay the legal fee after accepting the case.

2.If one party does not agree to the divorce, the other party can file a divorce lawsuit at any time and register the case with the court filing division within working days. The process of suing for divorce is:

1) Submit the complaint and relevant evidence; (2) the court decides whether to accept the lawsuit, (3) the court mediates the parties; (4) The mediation fails to be heard in court; (5) According to the circumstances of the trial, Wu Qiaowen was sentenced.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China stipulates that if 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, 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, and other vices that have not been corrected; (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.

Legal analysis: There are two kinds of divorce procedures: 1. If both parties voluntarily divorce, both husband and wife can bring their ID cards, household registration booklets, marriage certificates, divorce agreements and other documents to the local civil affairs bureau for divorce registration; 2. If one party does not agree to the divorce, the party who requests the divorce may file a lawsuit for divorce with the court, and the court will accept it according to law, confirm the breakdown of the relationship between the husband and wife, and solve the problems of child support, and then divorce, and the marriage relationship between the two parties will be naturally dissolved after the divorce judgment takes effect.

Article 1076 of the Civil Code of the People's Republic of China.

If the husband and wife divorce voluntarily, they shall sign or include 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.

The following answers the question of "how to do divorce procedures".

There are two types of divorce in China, namely divorce by agreement and divorce by litigation. The procedures are different for the two.

1. Divorce by mutual agreement means that both husband and wife voluntarily dissolve the marital relationship and reach an agreement on issues such as child support and property division, and may apply to the Civil Affairs Bureau for divorce registration, and the Civil Affairs Bureau will issue a divorce certificate to dissolve the marriage relationship.

2. The procedures for divorce by litigation are:

1) Prepare household registration booklet, ID card, marriage certificate and other documents;

2) Prepare the following materials:

Two two-inch singles recent half-length bareheaded**;

The divorce agreement signed by both parties must clearly state that the parties are willing to divorce and that both parties have reached an agreement on child support, property division and other issues.

3) The husband and wife shall go through the divorce formalities in person at the Civil Affairs Bureau where one of the parties has permanent residence.

4) After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.

Article 13 of the Marriage Registration Regulations shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. 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.

Article 11 of the Marriage Registration Regulations stipulates that a Mainland resident who has registered a divorce 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.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus reached on matters such as the maintenance of the children, property and debts.

The divorce procedure is very simple, write a divorce agreement and decree, specify the custody of the children, and the division of the property of the husband and wife. Then you can bring your ID card and marriage certificate to the local Ministry of Civil Affairs.

There are two ways to get divorced, one is divorce by agreement and the other is divorce by litigation.

Article 1076 of the Civil Code stipulates that the procedures for divorce by agreement:

1. Application by the parties;

2. Preliminary examination by the marriage registration authority;

3. Issue the "Receipt of Acceptance of Divorce Registration Application";

Apply for the issuance of a divorce certificate upon the expiration of the cooling-off period for divorce;

5. Examination by the marriage registration authority;

6. Registration and issuance of divorce certificate.

Article 1079 of the Civil Code stipulates that the procedures for divorce by litigation:

1. Drafting complaints;

2. Prepare the evidence required for the lawsuit;

3. Submit the complaint and evidence to the court of competent jurisdiction;

4. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time;

5. Both parties can entrust a lawyer or other professionals to litigate;

6. The court makes a judgment.

The procedures for divorce are as follows.

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 time of acquisition.

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. Certificate or certificate of relationship between husband and wife;

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

6、。The agreement shall clearly state the parties' intention to divorce, and if appropriate arrangements are made for education, financial assistance for one of the spouses, and property in difficulty, 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 within one month and cancel the marriage certificate if they meet the requirements, 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.