What is the fastest way to divorce

I divorce What is the fastest way

1、 divorce by agreement 。 As long as both parties reach consensus, they can go Marriage registration The fastest way is to divorce by agreement. It is necessary to prepare the certificate first and apply. After waiting for a 30 day cooling off period, we will jointly go to the registration office to apply again. After the staff review and confirm that the conditions are met, they can handle Divorce certificate Has.

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

《 Civil Code 》Article 1076

Both husband and wife Voluntary divorce Should be signed in writing Divorce agreement And apply in person to the marriage registration authority registration of divorce 。

The divorce agreement shall clearly state the intention of both parties to divorce voluntarily and their right to divorce Child support , property and debt Consensus on handling 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, divorce is allowed if men and women divorce voluntarily. 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 a divorce certificate. If one of the men and women requests divorce, the relevant departments may mediate or directly file a lawsuit with the people's court Divorce proceedings 。 When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the feelings really break down and mediation fails. If mediation fails, divorce shall be granted:

1. Bigamy or spouse and others cohabitation Of;

2. Implementation Family Violence Or maltreating or abandoning family members;

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） Two years of separation due to emotional discord;

（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.

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.

3、 What are the conditions for divorce

1. If both parties can agree to divorce raise If an agreement is reached on such issues as the division of property, both parties can carry it in person ID , Household Register marriage certificate and Divorce Agreement Go through divorce registration at the marriage registration office where one party's permanent residence is located.

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 If the defendant's habitual residence is different from his domicile, the court in 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 lawyer Answer your questions.