2. If one party requests a divorce, it shall file a divorce lawsuit with the people's court where the spouse's domicile or habitual residence is located on the strength of his ID card, household registration book, marriage certificate and complaint. (This can be handled by professionals, please consult in advance).
I. The Marriage Law of the People's Republic of China stipulates that:
Thirty-first men and women who voluntarily divorce shall be granted divorce. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Article 32 If a man or a woman requests a divorce, the relevant department 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 really broken down and mediation fails, divorce shall be granted.
Second, the Marriage Registration Ordinance stipulates that:
Article 10 If a mainland resident divorces voluntarily, both men and women shall register for divorce at the marriage registration office where one of the permanent residences is located.
China citizens and foreigners voluntarily divorce in China Mainland, while mainland residents and Hong Kong residents, Macao residents, Taiwan Province residents and overseas Chinese voluntarily divorce in China Mainland. Both men and women should register for divorce at the marriage registration office where the permanent residence of mainland residents is located.
Article 11 Mainland residents applying for divorce shall submit the following documents and supporting materials:
(1) My household registration book and ID card;
(2) my marriage certificate;
(3) The divorce agreement signed by both parties.
When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.