If mainland residents divorce voluntarily, both men and women should register for divorce at the marriage registration office where one party's permanent residence is located.
Mainland residents who register for divorce shall present 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. 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.
If both parties can't reach an agreement, they can sue for divorce, which is generally under the jurisdiction of the defendant's domicile, that is to say, they should sue for divorce in the court where the defendant lives.
legal ground
Article 1076 of the Civil Code: If a husband and wife 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 expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (1) Article 69
If both parties fail to get a divorce, and one party goes back on his word in the divorce proceedings, the people's court shall consider that the property and debt settlement agreement has not come into effect, and make a judgment according to the actual situation and the provisions of Articles 1087th and 1089th of the Civil Code.
Regulations of People's Republic of China (PRC) on Marriage Registration
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.
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. 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.