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What should I do if I want to divorce?

Time: 2024.02.23 label: marriage and family divorce Reading: 1413 people

Lawyer's analysis:

divorce sure divorce by agreement it's fine too divorce by lawsuit 。
1. For divorce agreement, fill in Divorce Agreement , ready marriage certificate 、 ID , registered permanent residence, etc Marriage registration The authorities apply for divorce registration.
2. For divorce in litigation, prepare household registration, ID card, marriage certificate Indictment and evidence And other materials to the court.

Legal basis:

Article 1076 of the Civil Code
If the couple 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 specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.

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Lawyers' answers

ask Where to sue for divorce

A divorce lawsuit shall be filed in the people's court where the defendant resides. If the defendant's domicile is different from his habitual residence, he shall bring a suit in the people's court of his habitual residence. If the defendant has the following circumstances, he/she shall bring a suit in the court of the place where the plaintiff is domiciled: (1) If he/she does not reside within the territory of the People's Republic of China

Lawyer Shi Rongrong

thirteen billion six hundred and eighty-three million thirty-six thousand eight hundred and ninety-one

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ask Can declaration of disappearance and divorce be filed at the same time

The declaration of disappearance and the prosecution of divorce may not be carried out simultaneously. According to the provisions of the law, if the spouse files a divorce lawsuit after the citizen is declared missing, the court will allow the divorce. Therefore, the declaration of disappearance and the divorce proceedings cannot be carried out at the same time. Before the divorce proceedings, we should first report to

Lawyer Shi Rongrong

ask What are the conditions for automatic divorce after two years of separation

The marriage relationship will not be automatically dissolved due to separation for two years. There are only two ways to divorce: one is to register divorce, and the other is to divorce through litigation. Therefore, separation cannot lead to automatic divorce of husband and wife, and it cannot automatically divorce for long. Separation is an important manifestation of the broken relationship between husband and wife

Lawyer Shi Rongrong

Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

Can male azoospermia be a reason for divorce

Legal Advisor

When male infertility leads to marriage failure, divorce becomes the solution. The husband and wife can achieve this through agreement or court ruling. For divorce by agreement, a detailed written agreement shall be signed, including voluntary divorce, child custody and custody responsibility, property and debt distribution, and the divorce shall be applied for at the marriage registration authority.

Views: nine hundred and nineteen 2024-07-03
What basic conditions need to be met for divorce by agreement

Legal Advisor

Agreed divorce should be based on legal marriage and permanently terminated with the voluntary consent of both parties, so as to ensure that key issues such as child rearing, property distribution and debt handling are agreed. The applicant must have a local household registration and stable residence, and both parties must be present in person, not acting as an agent, and submit a written application to the marriage registration agency in the jurisdiction.

Views: one thousand four hundred and forty-two 2024-07-03
Can one party divorce without signing

Legal Advisor

When one party refuses to sign the divorce agreement, it can be resolved through judicial channels. The other party can file a divorce lawsuit to the local court, listing possible situations such as long-term illegitimate cohabitation, serious domestic violence or abandonment, persistent addiction to gambling and drugs, long-term separation for two years, or other factors that seriously affect the marriage relationship. If the mediation fails, the court will usually support the divorce judgment.

Views: nine hundred and sixty-four 2024-07-03

Can Divorce After Domestic Cold Violence

Lawyer Hu Jing

Marriage cold violence can divorce. If the aggrieved party wants to divorce but the other party does not agree, the aggrieved party may request divorce through mediation by the relevant department or directly file a divorce lawsuit with the people's court. If the marriage still cannot be maintained after mediation, a lawsuit shall be filed with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.

Play volume: one thousand one hundred and fifty-six 2023-06-06
Can divorce cases be mediated after receiving court summons

Lawyer Hu Jing

The court may also mediate the divorce after receiving a summons from the court. The time and method of mediation are not stipulated in the law. The case undertaker will decide on his own according to the trial of the case. It can be done before the court, after the court, or during the court session. According to the law, the people's court should conduct mediation when trying divorce cases; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Play volume: one thousand four hundred and three 2023-06-06
What is the process of suing for divorce

Lawyer Hu Jing

Procedures for divorce in litigation: 1. Apply to the people's court for litigation. 2. After being examined by the filing hall and meeting the filing conditions, the case is approved to be filed. 3. The court shall transfer the case to the civil court for trial. 4. After the civil court accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to answer the lawsuit. 5. After both parties appear in court, the court will mediate. 6. The court made a decision to approve or disapprove divorce through hearing.

Play volume: one thousand four hundred and sixteen 2023-06-06

56″

How long will separation in 2024 automatically dissolve marriage

Sheng Xinyin

In China, there is no rule that divorce can be automatically carried out for a long time after separation

Listening volume: two 2019-09-28
29″

Can I give my wife the house in the countryside after divorce by agreement

Sheng Xinyin

Yes, as long as the agreement is true, legal and effective, it can be executed according to the agreement

Listening volume: five hundred and eighteen 2019-09-16
25″

How to divorce the mentally ill after marriage

Sheng Xinyin

Divorce by agreement: bring the marriage certificate, household register, ID cards, photos, divorce

Listening volume: five hundred and ninety-nine 2019-09-03

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Referral lawyer

Lawyer Shi Rongrong

Beijing Shengwei Law Firm

Bachelor of Law, Peking University, engaged in legal work for nearly 20 years. Experience in trial work in basic courts. Enthusiastic and generous, good at helping the parties to straighten out the legal relationship and dig evidence; A large number of searches and case studies are carried out for team work; Be good at communicating with the judge and fully show the facts, legal basis and legal logic to the judge. Be good at handling the whole life cycle of the company. In the past five years, in combination with the unique geographical and cultural conditions of Beijing's urban sub center, we have studied the issues related to agriculture, such as homestead and division of production.

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Relevant legal knowledge

People's Court Online Service How to File Divorce

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Divorce is a legal way for a couple to dissolve their marriage through the judiciary. When applying, you can use the [People's Court Online Service] APP to select a provincial administrative region. After real name authentication, click [I want to file a case] → [Trial filing], select whether to accept mediation, and then select [Apply for myself] → [Civil first instance].
What should I do if the divorce agreement does not include debts

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The joint debt shall be shared by all involved persons, while the individual debt shall be borne by specific individuals. If the divorce agreement does not specify the debt problem, it shall be determined according to law. Creditors who claim creditor's rights against either of the spouses shall be deemed as joint debts. However, if one party can prove that the creditor and debtor have agreed on personal debts, an exception shall apply.
How long will it take to sue for divorce

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The time of the first instance of divorce proceedings varies according to the case and the needs of the parties, and may be as long as three to twelve months. According to the Civil Procedure Law of the People's Republic of China, summary procedure cases should be concluded within three months after filing, and ordinary procedure cases should be completed within six months after filing. If the hearing period needs to be extended under special circumstances, it must be approved by the President of the Court, and can be extended for up to six months.
What are the procedures for divorce

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There are two ways of divorce: registered divorce and litigation divorce. To register for divorce, you need to go to the residence to submit an application, and go through the divorce procedures together after a cooling off period. A petition shall be submitted to the court for divorce, and the court will make a judgment or ruling after hearing it. When the relationship between husband and wife is broken and the mediation is invalid, the court will judge divorce; Otherwise, the divorce may not be allowed or the lawsuit may be rejected.

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