1. Divorced at the Marriage Registry of the Civil Affairs Bureau.
The Marriage Registration Ordinance stipulates that if one party divorces, both parties must apply for divorce registration in person at the marriage registration office where one party's household registration is located; When applying, you should hold the following documents and certificates:
(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 divorce intention of both parties, child support, financial assistance to one spouse's living difficulties, property and debt disposal and other agreed matters. The contents of the agreement should be conducive to protecting the legitimate rights and interests of women and children.
The marriage registration authority shall examine the application for divorce of the parties concerned, and within 0 months from the date of accepting the application, register those who meet the divorce conditions, issue divorce certificates and cancel their marriage certificates. The parties shall dissolve the relationship between husband and wife from the time they receive the divorce certificate.
Second, litigation divorce.
For the application for divorce rejected by the Marriage Registry of the Civil Affairs Bureau, you can bring a lawsuit to the court and decide the divorce through the court. For the divorce that can be accepted by the Marriage Registry of the Civil Affairs Bureau, the parties can also bring a lawsuit directly to the court, but they can only choose one of two ways.
1. Bring a lawsuit to the people's court. Generally, they will go to the filing hall, where they will be audited, and those who meet the conditions for filing will be filed. If they don't live together, according to the principle that the plaintiff is the defendant, they can bring a lawsuit in the man's place. When filing an application for divorce proceedings, the following documents shall be provided:
I. Indictment for divorce (in triplicate)
B, household registration book
C id card (temporary id card, household registration certificate, military officer's card, staff sergeant's card, military cadre's card, etc.). )
D. Marriage certificate
2. After being examined by the filing hall to meet the filing conditions, the filing court will issue a filing notice, and you will pay the legal fees with the filing notice (50 yuan). The court formally accepted the case.
3. After being accepted by the court filing court, the case will be transferred to the civil court for trial.
4. After accepting the case, the civil court issued a summons to the man, asking him to appear in court within a certain period of time. At the same time, the court also informed you to appear in court to participate in the proceedings.
5. After both parties appear in court, the court will mediate (this is a necessary procedure). There are three kinds of mediation results:
A. If both parties are willing to maintain the marriage after mediation, you withdraw the lawsuit and the marriage will continue to be valid.
B. After mediation, if he agrees to your divorce request and handles the children and property issues properly, you will drop the lawsuit and both parties will register for divorce at the Marriage Registry of the Civil Affairs Bureau.
C. After mediation, you still insist on divorce but he doesn't agree, or both parties agree but the handling of children and property issues is controversial. Then the court will hear and decide.
6. The court made a judgment on whether to grant the divorce through trial.
The court takes whether the relationship between the two parties has really broken down as the legal condition for judging divorce. Among them, Article 32 of the Marriage Law stipulates the following legal reasons for granting divorce:
Bigamy or spouse cohabiting with others
B, the implementation of domestic violence or abuse, abandonment of family members
C. Have bad hobbies such as gambling and drug abuse, and refuse to change after repeated education.
D. have been separated for two years due to emotional disharmony.
E. other circumstances that lead to the breakdown of marriage relationship.
Also note that if he is an active serviceman and he doesn't agree to divorce, then you can't file a divorce lawsuit.
That's the divorce procedure.