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What are the procedures and procedures required for divorce in rural areas

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What are the procedures and procedures required for divorce in rural areas


        

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  • 2024-06-09 21:00:49

    For divorce in rural areas, if both parties wish to divorce, they can sign a divorce agreement, which should specify their opinions on child rearing, property and debt handling. My household register and ID card; My marriage certificate; A divorce agreement signed by both parties. Go to the marriage registration office to apply for divorce registration. After 30 days of cooling off period, you can go again to get the divorce certificate. For divorce in litigation, if the two parties have really broken up, the court shall approve the divorce.
    Legal basis:
    Article 1076 of the Civil Code of the People's Republic of China
    If the couple divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
    The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.
    Article 1079 of the Civil Code of the People's Republic of China
    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.

    I***

    2024-06-09 21:00:49

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