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How long will it take to divorce

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How long will it take to divorce


        

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  • 2024-06-13 11:00:48

    The time needed for divorce is generally: 1. If both parties agree to divorce, it usually takes about one month; 2. If both parties sue for divorce, it usually takes three to six months. The time limit for a people's court to hear a case in which ordinary procedure is applied is six months, and for a case in which summary procedure is applied, the time limit is three months. According to: Article 1077 of the Civil Code of the People's Republic of China, within 30 days after the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, it may withdraw the divorce registration application from the marriage registration authority. Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for a divorce certificate; If no application is made, the application for divorce registration shall be deemed withdrawn. What about the procedures for divorce by agreement?
    1. To apply for divorce, both parties must apply in person to the marriage registration management agency in the place where one party's household registration is located, and present the household registration certificate, resident identity certificate, letter of introduction issued by the unit or village where they work, the neighborhood committee, divorce agreement, marriage certificate, etc.
    2. Review, the marriage registration management agency will review within one month after receiving the application, fully understand the content of the divorce agreement, mainly investigate whether the parties' intention to request divorce is true, whether the life difficulties of the child supporting husband and wife, division of property, debt management and other matters are appropriate.
    3. After registration and examination, those who meet the conditions for divorce shall be registered, a divorce certificate issued and the marriage certificate cancelled; For those that do not meet the statutory requirements, the reasons for not registering shall be explained in writing. The husband wife relationship shall be dissolved from the date when the party concerned receives the divorce certificate.
    4. Cancellation. If the divorce registration is obtained through fraud, the marriage registration management agency will cancel the divorce registration.
    The time of different divorce methods is different. The first step of divorce by agreement is to write a divorce agreement, and then apply to the marriage registration management agency. At this time, you need to bring your household registration book, ID card, marriage certificate, and divorce agreement. After the review of the agency, you can register for divorce and get a divorce certificate after meeting the one month cold divorce period. I hope the above information can help you. If you have other questions, you can consult a professional lawyer.
    Legal basis: Article 1077 of the Civil Code of the People's Republic of China, within 30 days after the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, it may withdraw the divorce registration application from the marriage registration authority. Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for a divorce certificate; If no application is made, the application for divorce registration shall be deemed withdrawn. Article 149 of the Civil Procedure Law of the People's Republic of China, a case tried by a people's court in the ordinary procedure shall be concluded within six months from the date of filing the case. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval. Article 161 A people's court trying a case by applying summary procedure shall conclude the case within three months from the date of filing the case.

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