1. Determine whether the marriage is legally registered. First of all, confirm whether your marriage is protected by law. Only legally registered couples need to divorce. If not, separate.
2. Tell the lawyer the reason for the divorce. Only by telling the lawyer the cause and effect can the lawyer give appropriate advice;
3. Whether the two sides can still communicate and negotiate on the divorce issue, and if so, consider reaching an agreement.
The dissolution of marriage is based on the existence of legal marriage. Divorce is the dissolution of legal and valid marriage relationship, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Men and women who do not meet the conditions for marriage and ask for "divorce" after marriage shall not be treated as divorce.
The subject of dissolution of marriage is both parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity abuses or abandons the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures. If the changed guardian brings a divorce lawsuit on behalf of a person without civil capacity, the people's court shall accept it.
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 willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.
Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078 The marriage registration authority shall register and issue a divorce certificate after finding out that both parties are really divorced voluntarily and reaching an agreement on matters such as child support, property and debt handling.