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What procedures do I need for divorce

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What procedures do I need for divorce


        

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  • 2024-06-22 20:00:02

    [Legal Opinion]
    Divorce can be divided into two types: agreement divorce and lawsuit divorce.
    1. For divorce by agreement, the following materials should be prepared, and then go to the local marriage registration office to handle the divorce procedures:
    (1) Permanent residence books and resident identity cards of both parties
    (2) Marriage certificate of both parties
    (3) The divorce agreement signed by both parties in triplicate
    (4) Submit two recent two inch half length bareheaded photos of a single person.
    (5) Both parties shall fill in the Declaration of Application for Divorce Registration at the divorce registration site.
    2. Divorce by agreement, complete procedures, can be handled at that time. If one party does not agree to divorce, or cannot reach an agreement on the division of property, upbringing, maintenance and other matters, it is necessary to sue for divorce, which requires the following process:
    First, the plaintiff filed a civil action and applied to the court with jurisdiction for filing.
    Second, when applying for filing, you need to submit your ID card, marriage certificate, statement of complaint, and legal fees
    Third, the court will conduct mediation after filing the case. If mediation fails, the court will hold a hearing and make a judgment.
    [Legal Basis]
    Marriage Registration Ordinance
    Article 10 If a mainland resident wishes to divorce, both men and women shall jointly go to the marriage registration office in the place where one party's permanent residence is located to register for divorce.
    If Chinese citizens and foreigners divorce voluntarily in the mainland of China, and mainland residents divorce voluntarily with Hong Kong residents, Macao residents, Taiwan residents, and overseas Chinese in the mainland of China, both men and women shall jointly go to the marriage registration authority in the place where the permanent residence of mainland residents is located to register for divorce.
    Article 11 Mainland residents who have gone through divorce registration shall present the following certificates and supporting materials:
    (1) My household register and ID card
    (2) My marriage certificate
    (3) A divorce agreement signed by both parties.
    Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who have gone through divorce registration shall, in addition to the certificates and certification materials specified in sub paragraphs (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents shall also issue their own valid passes, identity cards, overseas Chinese Foreigners shall also produce their own valid passports or other valid international travel documents.
    The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt disposal.
    Marriage Law
    Article 32 [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce proceedings with the people's court.

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