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You can divorce without a divorce certificate

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You can divorce without a divorce certificate


        

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  • 2024-06-24 22:00:57

    1、 If the two parties have never registered for marriage, but only held a wedding in accordance with folk customs, it is a cohabitation relationship, not a marriage relationship, and there is no divorce (but before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, both men and women have met the substantive requirements of marriage, and those who have not registered for marriage will be treated as de facto marriages);
    2、 If both parties have registered for marriage, but only because the marriage certificate is damaged or lost, or it is kept by one party of the husband and wife but the other party cannot obtain it, divorce can be granted, as follows:
    1. Divorce by agreement. If either of the spouses can not provide a marriage certificate, they need to go to the civil affairs department that handled the marriage registration at that time to apply for a replacement marriage certificate. After obtaining the replacement marriage certificate, they can go to the civil affairs department where either of the spouses' household registration is located to go through divorce procedures.
    2. Litigation divorce. If the party who wants to file a divorce lawsuit is unable to provide a marriage certificate, he/she can go to the civil affairs department that handled the marriage registration at that time with the original of his/her ID card to apply for the issuance of a Marriage Registration Certificate, or directly retrieve the files of both parties' marriage registration at that time and affix the seal of the registration authority, and then hold the Marriage Registration Certificate, the files of registered marriage, and the Civil Complaint And other evidence materials to the court with jurisdiction. Legal basis: Judicial Interpretation of Marriage Law
    (1) Article 5 If men and women who live together in the name of husband and wife without going through marriage registration according to Article 8 of the Marriage Law file a lawsuit to the people's court for divorce, they shall be treated differently:
    (1) Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriages;
    (2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be treated as the dissolution of cohabitation relationship. Article 6 If a man or woman who does not go through marriage registration in accordance with Article 8 of the Marriage Law but lives together in the name of husband and wife, and one party dies, the other party claims the right of inheritance as a spouse, the principle of Article 5 of this interpretation shall apply. Article 31 of the Marriage Law, if both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues. Article 32 If one of the men and women in a divorce lawsuit requests divorce, the relevant departments may mediate or directly file a divorce lawsuit 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. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years 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.

    I***

    2024-06-24 22:00:57

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