There are two legal ways to dissolve marriage in China: one is divorce by agreement. After the divorce agreement is drawn up, the Civil Affairs Bureau will handle the divorce formalities, and at this time, the Civil Affairs Bureau will issue the corresponding divorce certificate, which is the proof of dissolution of marriage that is generally understood; The other is litigation divorce. Through court judgment or mediation, the effective judgment or mediation is the proof of the dissolution of the marital relationship between husband and wife. In order to protect privacy, some courts have issued divorce certificates. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
legal ground
Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in the marriage registration office in person. The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.