What to do if two couples want to divorce, what to do if two couples want to divorce

Updated on society 2024-08-13
7 answers
  1. Anonymous users2024-02-16

    Couples can divorce by agreement or litigation. If both parties are willing to divorce, they can go to the marriage registration authority to apply for a divorce by agreement, and the marriage registration authority will register and issue a divorce certificate if they meet the conditions for divorce; If one party does not agree to the divorce, the party requesting the divorce can directly file a divorce lawsuit with the court, and the court will decide whether the parties are divorced. The premise of litigation divorce is that the relationship between the parties has broken down, and if the parties cannot prove the fact of the breakdown of the relationship, it is not conducive to the court to grant the divorce.

    [Legal basis].

    Civil Code of the People's Republic of China 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.

  2. Anonymous users2024-02-15

    If the husband and wife want to divorce, the husband and wife negotiate the divorce, after all, the two have been husband and wife together for so many years, and now they are going to divorce, don't be overly noisy, it is better to break up peacefully

  3. Anonymous users2024-02-14

    For couples to divorce. Determine the reason for the divorce. Don't go, because there is a conflict between them and impulsively divorce. Because of the marriage event, it is not a child's play. So two people should be cautious.

  4. Anonymous users2024-02-13

    Regarding the custody of children, the ownership of custody in the event of divorce can be negotiated between the parties, and if the negotiation fails, the court shall make a judgment. If the husband and wife decide to divorce due to a quarrel, if both parties unanimously decide to divorce, they may divorce by agreement, and the divorce by mutual agreement is subject to the cooling-off period of divorce. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party repents, it may withdraw the application for divorce registration from the marriage registration authority.

    If one party wants to divorce and the other party does not want to, the party who wants to divorce can file a lawsuit for divorce with the people's court. Litigation divorce is not subject to the cooling-off period.

    [Legal basis].Article 1076 of the Civil Code of the People's Republic of China Where a 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.

  5. Anonymous users2024-02-12

    If your two husbands and wives want to divorce, yes, unless you both have no feelings for this marriage, you can go to the Civil Affairs Bureau to go through the divorce procedures, then you will live your own life in the future.

  6. Anonymous users2024-02-11

    Legal analysis: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    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. Traveling to the elderly.

    The divorce agreement shall clearly state the parties' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt handling.

    Article 1077: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, the application for divorce registration may be withdrawn 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.

  7. Anonymous users2024-02-10

    If both husband and wife want to divorce, they can choose to go to the Civil Affairs Bureau to agree on the divorce, or they can go to the court to file for divorce.

    1. If it is a divorce by agreement.

    As long as both the man and the woman agree, it is necessary to prepare a divorce agreement and a marriage certificate, which needs to make a clear explanation on the division of family property and the issue of child support, and then go to the civil affairs department to handle it. However, both parties must be present in person.

    2. Divorce by litigation.

    If no agreement can be reached on issues such as divorce, child support, or division of family property, the only way to do so is through mediation or judgment by the court.

    For the divorce of the husband and wife in different places, regardless of whether they reach an agreement or not, they must file a lawsuit for divorce through the court. If the defendant is local, the plaintiff only needs to provide copies of the ID cards of both parties, the original marriage certificate and other evidentiary materials. If the defendant is not local, in addition to the above materials, it is also necessary to provide a certificate of the defendant's habitual residence, which is a certificate issued by the property or neighborhood committee of the defendant's place of residence for one year.

    The court will organize mediation before the first instance, and if the mediation fails, it will be converted into a formal trial procedure.

    Article 1076 of the Civil Code.

    Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    Article 1079 of the Civil Code.

    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.

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