Two ways of divorce
Divorce in China can be divided into two types: one is divorce by agreement (both parties reach an agreement on child custody, alimony, marital property, debts, etc.). Go to the civil affairs bureau where one party's account is located to register for divorce. The divorce agreement takes legal effect after receiving the divorce certificate. Second, the two sides failed to reach an agreement on child custody, alimony, marital property and debts. You can bring a lawsuit to the court of the other party's habitual residence or domicile (if you are serving a sentence or taking compulsory measures, you can bring a lawsuit to the plaintiff's place) and request the court to make a judgment.
How to handle divorce procedures
1, application
If the parties agree to divorce, they must apply for divorce registration in person at the marriage registration office where one party's account is located, and may not entrust others to act as agents. When applying for divorce, one party shall hold the following documents and certificates:
(1) account book.
(2) ID card.
(3) my marriage certificate.
(4) The divorce agreement is in triplicate.
(5) I recently bareheaded two-inch photos.
Step 2 review
The staff of the marriage registration office shall, when accepting the divorce application of the parties concerned, conduct an examination and ask about the relevant situation. Employees should understand:
(1) Both men and women are registered to get married.
(2) Marriage registration should be handled in Chinese mainland (including Chinese embassies and consulates abroad).
(3) Both parties are still husband and wife.
(4) Both parties divorce voluntarily.
(5) Both parties have full capacity for civil conduct (no history of mental illness or mental retardation).
(6) We reached an agreement on issues such as child support, property division and debt handling.
Under normal circumstances, after the husband and wife reach an agreement on divorce, marital property division, child custody and other issues, they can go to the Civil Affairs Bureau to negotiate divorce. Both parties need to bring marriage certificate, ID card and other relevant documents to handle it on their behalf. I personally go to the marriage registration office of marriage registration, fill in the divorce agreement between husband and wife, and it will take effect immediately after signing.
legal ground
Article 1077 of the Civil Code stipulates the cooling-off period for divorce. Within 30 days from the date when the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.