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What procedures are required for divorce

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What procedures are required for divorce


        

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  • 2024-06-04 22:01:41

    Procedures for divorce by agreement:

    (1) Prepare the divorce agreement. Both men and women must sign a written divorce agreement, which must include that both parties are willing to divorce and agree on matters such as child rearing, property and debt.

    (2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau to apply for divorce registration in person with their ID cards, household registration books, marriage certificates, written divorce agreements and other materials.

    (3) Calm down period. Within 30 days from the date of applying for divorce registration, if either party is unwilling to divorce, it can go to the Civil Affairs Bureau to withdraw the divorce registration application. This is the so-called "30 day cooling off period".

    (4) Review and certification. If 30 days have passed, from the 31st day to the 60th day, both men and women must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

    Procedures for divorce in litigation:

    (1) The stage of the court's divorce proceedings:

    The prosecution of a divorce case refers to a request made by one party to the people's court to dissolve the marriage relationship with the other party according to law. When a divorce case is brought, the complainant shall submit a petition and a copy to the people's court.

    (2) The trial stage of the court's divorce proceedings:

    Trial refers to the sum of all the investigation work done by the people's court after receiving the lawsuit, starting the litigation procedure and making the judgment.

    (3) The judgment stage of the court's divorce proceedings:

    According to the court trial, mediation should be carried out again. If mediation fails, a judgment should be pronounced. All judgments of the people's court shall be made in public. If a judgment is pronounced in court, the written judgment shall be served within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced.

    [Legal Basis]

    In 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.

    R***

    2024-06-04 22:01:41

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