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How do I go through the procedures for divorce

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How do I go through the procedures for divorce


        

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  • 2024-06-22 03:00:50

    [Legal Opinion]
    The divorce agreement is as follows:
    1、 Conditions for divorce registration
    Both men and women must divorce voluntarily.
    2. Both parties have full civil capacity.
    3. The parties hold a divorce agreement, which must state their willingness to divorce and their consensus on matters such as child rearing, property and debt disposal.
    4. The party concerned holds a marriage certificate issued by the mainland marriage registration authority or Chinese embassies (consulates) stationed abroad.
    2、 Documents submitted for divorce registration
    My permanent residence booklet and resident ID card.
    2. Marriage certificate of both parties.
    3. The divorce agreement of both parties.
    4. Each party shall submit two recent two inch half length bareheaded color photos of a single person.
    3、 Procedures for divorce registration
    1. The divorced men and women jointly apply at the marriage registration office of one party's permanent residence in the district, county and city civil affairs bureau (or town people's government).
    2. Both parties shall fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar.
    3. Both parties signed the divorce agreement (in triplicate) to agree the contents of the agreement, and signed or fingerprinted in front of the marriage registrar.
    4. The marriage registration authority shall examine the certificates, agreements and evidentiary materials submitted by the parties to the divorce, and register if they meet the conditions for divorce registration.
    4、 Time limit for divorce registration
    Time limit for registration: if the documents are complete, they will be registered and issued a divorce certificate.
    The procedures (process) of divorce proceedings are as follows:
    1. Go to the people's court to file an application to the court. Generally, they go to the filing hall for review, and those meeting the filing conditions will be put on file. If both of you do not live in the same place, you should file a lawsuit at the defendant's location according to the principle of "plaintiff versus defendant". When applying for divorce proceedings, the following documents must be provided:
    A、 Indictment for divorce
    B、 Household register
    C、 ID card (temporary ID card, household registration certificate, officer card, sergeant card, military civilian cadre card, etc.)
    D、 marriage certificate
    2. After the filing hall reviews that the case meets the filing conditions and the case is approved to be filed, the filing court will issue a notice of filing, and you will pay the legal fees with the notice of filing. The court formally accepted the case.
    3. After accepting the case, the case filing court of 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 man to appear in court at a certain time. At the same time, the court also informed you to participate in the lawsuit.
    5. After both parties arrive in court, the court will mediate (this is a required procedure). There are three kinds of mediation results:
    A. If both parties are willing to maintain the marriage after mediation, you can withdraw the lawsuit and the marriage will continue to be valid.
    B. After mediation, if he agrees with your divorce request and handles the children and property issues, you can withdraw the lawsuit and both parties can register divorce with the marriage registration authority.
    C. After mediation, you still insist on asking for divorce and he does not agree, or both parties agree but dispute the handling of children and property issues. The court will hear and decide.
    6. The court made a decision to approve or disapprove divorce through hearing.
    The court took whether the feelings of both parties had really broken down as the legal condition for the divorce judgment. Among them, Article 32 of the Marriage Law stipulates the following exemplary legal reasons for granting divorce:
    A. Bigamy or cohabitation with others
    B. Committing domestic violence or abusing or abandoning family members
    C. Have bad habits such as gambling and drug abuse, and refuse to change after repeated teaching.
    D. Separated for 2 years due to incompatibility
    Other circumstances that lead to the breakdown of the couple's relationship.

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