How to get a divorce from your parents, how to get your parents to divorce

In our country, there are two ways to get divorced, one is registered divorce and the other is litigation divorce.

1. In accordance with the provisions of Article 31 of the Marriage Law of the People's Republic of China, a man and a woman who divorce voluntarily and who have made appropriate arrangements for the maintenance of their children and the division of property may register their divorce at the marriage registration office without the need for litigation. When registering a divorce, the following documents are to be provided:

1. Hukou booklet, ID card.

2. Marriage certificate.

3. The divorce agreement signed by both parties.

It is recommended that you first try to persuade him to register the divorce with him and try to resolve the divorce issue in a peaceful way. If he really doesn't want a divorce and you insist on leaving, then the only way to do it is to go through divorce proceedings.

2. Divorce proceedings. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court based on the statutory reasons for divorce, and the people's court makes a judgment on whether the marital relationship is maintained or not.

The formalities (process) of divorce proceedings are as follows:

1. Go to the people's court to file a lawsuit application with the court. Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If both of you do not live in the same place, you will have to file a lawsuit at the man's place of residence according to the principle of "plaintiff against defendant".

When filing for divorce proceedings, the following documents must be provided:

a. Petition for divorce (in triplicate).

b. Hukou booklet.

c. ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.).

d. Marriage certificate.

2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.

3. After accepting the case, the case filing division of the court will transfer the case to the civil division for trial.

4. After the civil division accepts the case, it issues a summons to the man, requiring him 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.

5. After both parties arrive in court, the court will mediate (this is a necessary procedure). There are 3 types of mediation outcomes:

a.If both parties are willing to maintain the marriage after mediation, you will withdraw the lawsuit and the marriage will continue to be valid.

b.After mediation, if he agrees to your divorce request and deals with the children and property issues, you will withdraw the lawsuit and both parties will go to the marriage registration office to register the divorce.

c.After mediation, you insist on a divorce and he does not agree, or if both parties agree but there is a dispute over the handling of the children and property issues. The court will hear and make a judgment.

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce. Article 32 of the Marriage Act provides for the following exemplary statutory grounds for granting a divorce:

a.bigamy or cohabitation of a spouse.

b. Committing domestic violence or abusing or abandoning family members.

c.Those who have bad habits such as gambling and drug abuse, and who do not change their ways.

d.Separated for 2 years due to emotional discord.

e.Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Parents divorce Parents divorce is that there is no relationship between them You can't get divorced after them You have nothing to do with your children You try not to divorce your parents You can't let your parents divorce So what kind of mentality do you have.

There are two ways to divorce, registration of divorce and litigation divorce, both parties can register the divorce if they voluntarily divorce, but now there is a 30-day cooling-off period, and if one party wants to divorce, they can sue Shouhui for divorce, and the court will generally mediate first. Children may be more willing to let their unhappy parents live separately out of concern and understanding for their parents, but no matter what the outcome, they should believe that their parents will always love them and give them all.

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 office. 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.

The decision to divorce is the right of the parties themselves, and others have no right to interfere. If you feel that your parents are really at odds, you can talk to him or her, point out their problems and how they affect you, and share your thoughts. Feelings and marriage are your parents' own.

In fact, outsiders can't interfere with the group.

Legal basis: Article 1069 of the Civil Code of the People's Republic of China Children shall respect their parents' marital rights and shall not interfere with their parents' divorce, remarriage and life after marriage. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

Whether parents divorce or not is their own problem, as a child, I don't think I should persuade my parents to divorce, if I do not have a satisfactory life, my children should do a good job of comforting them

No one has the right to interfere in other people's marriages, even if it's your mom and dad, do you have it? If they don't take the initiative to divorce, it means that they still care about each other, and if they really can't go on, they will naturally divorce.

Divorce refers to the legal act of dissolving the marital relationship between husband and wife in accordance with the legal conditions and procedures.

First, the dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce.

Second, the subject of the dissolution of marriage is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of the person who lacks civil capacity is abusive.

Where abandonment or other conduct that seriously harms the personal rights or property rights and interests of the party who lacks civil capacity, other persons with guardianship qualifications may request a change in the guardianship relationship in accordance with special procedures, and where the changed guardian** party without civil capacity initiates a divorce lawsuit, the people's court shall accept it.

Third, the dissolution of marriage shall comply with the statutory conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur.