What is the fastest way to divorce

I divorce What is the fastest way

1、 divorce by agreement . As long as both parties Consensus You can go Marriage registration The fastest way is to divorce by agreement. It is necessary to prepare the certificate first and submit the application. After waiting for a 30 day cooling off period, they should jointly go to the registry again and submit the application again, which should be reviewed and confirmed by the staff Eligible After that, you can Divorce Yes.

2、 divorce by lawsuit . As long as litigation divorce does not involve bigamy , gambling, drug abuse, abuse, abandonment, etc, first instance Usually, divorce will not be decided, and there will be a six-month ban period after that, and it can be repeated after the expiration Bring a lawsuit Therefore, it usually takes about two years to file a lawsuit for divorce.

《 Civil Code 》Article 1076

spouse divorce by mutual consent Should be signed in writing Divorce agreement , and came to the marriage in person registration authority Apply for divorce Registration.

The divorce agreement shall clearly state the intention of both parties to divorce voluntarily and their children raise , property and Debt treatment And other matters.

2、 What are the legal provisions for divorce

The legal provisions on divorce are as follows: According to the Civil Code of the People's Republic of China, men and women Voluntary divorce Divorce is allowed. Both parties must apply to the marriage registration authority for divorce. When the marriage registration authority finds that both parties are indeed willing and have properly handled the children and property issues, it shall issue Divorce certificate Ming. If one of the men and women requests a divorce, the relevant departments may mediate or directly ask others civil law Courtyard raised Divorce proceedings The people's court shall conduct mediation when trying divorce cases; If feelings do break down and mediation fails Divorce granted . If mediation fails, divorce shall be granted:

1. Bigamy or spouse and others cohabitation Of;

2. Implementation Family Violence Or abuse or abandon member of family Of;

3. Gambling, drug abuse and other bad habits remain unchanged;

4. Due to emotional discord separation At least two years;

5. Other situations in which the relationship between husband and wife is broken.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

Civil Code of the People's Republic of China

Article 1078 If the marriage registration authority finds out that both parties are indeed willing to divorce, and that they have reached consensus on matters such as child rearing, property and debt handling, it shall register them and issue a divorce certificate.

Article 1079 If one of the husband and wife requests divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.

When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Divorce shall be granted if mediation fails in any of the following circumstances:

（1） Bigamy or cohabitation with others;

（2） Domestic violence or maltreatment or desertion of family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Separation due to emotional discord Full two Years;

（5） Other causes Couple's feelings are broken The situation of.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

Judged by the People's Court No Divorce After that, if the two parties have lived apart for another year and one party files a divorce lawsuit again, divorce shall be granted.

III Conditions for divorce What

1. If both parties can reach an agreement on divorce, child rearing, division of property and other issues, they can take it personally ID , Household Register marriage certificate And divorce agreement party Permanent residence registered residence Handled by the marriage registration authority of registration of divorce 。

2. If both parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the defendant's residence The court sued for divorce , Defendant Habitual residence If it is inconsistent with the place of residence, the court of the place of habitual residence shall have jurisdiction over 。

If the court considers that there are any of the following circumstances, it will make a divorce judgment.

（1） Bigamy or cohabitation with others;

（2） Domestic violence or maltreatment or desertion of family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Two years of separation due to emotional discord;

（5） Other situations that lead to the breakdown of the relationship between husband and wife.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

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.

Article 1079 of the Civil Code

If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Divorce shall be granted if mediation fails in any of the following circumstances:

（1） Bigamy or cohabitation with others;

（2） Domestic violence or maltreatment or desertion of family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Two years of separation due to emotional discord;

（5） Other situations that lead to the breakdown of the relationship between husband and wife.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

We will face many legal problems in our daily life, so we should know some legal knowledge to avoid being unable to safeguard our legitimate rights and interests when encountering legal problems. I believe that the above article has answered the question of which is the fastest way to divorce. If you still need to ask other questions, you can click the "Ask Now" button below, and we will match professional lawyers to answer your questions.