If the landlord and the husband and wife have considered all the problems clearly after calm thinking, and it is determined that the husband and wife are irreparable and can only divorce, then please continue to look at the following.
Divorce is divided into agreement divorce and litigation divorce, and each divorce method has its own divorce procedure.
Personally, I suggest a divorce by agreement. After all, it is good for husband and wife to break up, and there is no need to make a fuss. Moreover, the property and children involved, even if a lawyer is introduced in a lawsuit, often need to be negotiated by both parties in the end, and the court still focuses on adjustment, so I hope the landlord can adopt an agreement for divorce.
Divorce by agreement must be registered. Divorce registration is a necessary procedure for both husband and wife to divorce voluntarily. He was dealt with by the marriage registration authority in accordance with administrative procedures, and the steps are as follows:
(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 cannot entrust others to act as agents. Otherwise, the marriage registration authority will not accept it. The organ that handles divorce registration in China is the urban subdistrict office or the civil affairs department of the municipal people's government without districts, and the rural areas are the people's governments of townships, nationality townships and towns. When applying for divorce, one party shall hold the following documents and certificates:
① household registration certificate;
② Resident ID card;
Letter of introduction issued by the unit, villagers' committee or residents' committee;
4 divorce agreement;
In addition, one-person bareheaded photos (provided according to the requirements of different regions) required for handling divorce certificates and filing should also be delivered, and the divorce application form should be filled out according to the requirements of the marriage registration authority.
(2) Review
When accepting the divorce application, the staff of the marriage registration office will explain the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration to the parties, and both parties shall truthfully answer the inquiries of the marriage registration management personnel. The staff will ask the following questions:
① Whether the divorce applicant is a legal couple;
(2) Whether the applicants for divorce have full capacity for civil conduct;
(3) Whether the divorce is really voluntary;
Whether the handling of children's problems is appropriate;
(5) Whether the handling of property issues is appropriate, and so on.
If the registration authority finds that the divorced party has violated the marriage law, it will give criticism and education or refuse to register. Those who violate the criminal law shall be transferred to judicial organs for criminal responsibility according to law. In order to prevent rash divorce and fake divorce, the staff will carry out ideological education, mediation and do a good job for the parties whose feelings have not completely broken.
(3) Both parties shall fill in the application for divorce registration, and the signature of the column "Declarer" in the application for divorce registration must be completed by the declarant in front of the Commissioner for Oath;
(4) Both husband and wife personally sign the divorce agreement, and the marriage registrar is the supervisor. One copy of the agreement is held by both husband and wife, and one copy is filed in the marriage registration office. Under normal circumstances, both parties to the divorce agreement should make preparations in advance. There is no uniform requirement for printing or handwriting. It's best to leave the signature area vacant and sign it on the spot. It should be noted that, for example, in Shanghai, some district and county marriage registration authorities require that the divorce agreement of the parties must be written by themselves and cannot be printed, such as Minhang District and Putuo District. Therefore, before going through the divorce registration, it is best to contact the marriage registration authority of the district and county civil affairs bureau, ask about the materials you need to bring, and make all preparations to avoid wasting time.
If you really can't agree to divorce, you can only sue for divorce.
Prosecution of divorce proceedings:
First, go to court to sue for divorce. The first step is to sue. The materials required for prosecution include: the indictment and its copy, ID card, household registration book, evidence of the main reasons for the breakdown of feelings caused by marriage certificate, and proof of the basic situation and upbringing of children.
Second, the trial stage.
This is the most important divorce procedure in the court.
1. put on record. If the court meets the conditions for filing a case after receiving the complaint, the court will send a copy of the complaint to your spouse within 5 working days after filing the case. Your spouse should submit the defense within 15 days after receiving the copy of the complaint.
2. Mediation. After hearing the divorce materials, the court will not immediately conduct a trial, but mediate before the court session. If mediation fails, the court will hold a hearing.
3. Court trial. During the trial, the specific process is as follows: before the trial, the clerk will find out whether the parties and other participants in the proceedings are present in court and announce the court discipline. The judge checks the parties, announces the cause of action, and announces whether the judge withdraws; After that, the court began to investigate and ask the parties and their statements; Inform the parties of their rights and obligations, ask witnesses, and read the testimony of witnesses who did not appear in court; Ask the appraiser and read the appraisal conclusion; Produce documentary evidence, physical evidence and audio-visual materials; Read the interrogation record. After that, the court debate began, the plaintiff and his agent ad litem spoke, the defendant and his agent ad litem spoke, and the two sides debated each other. Third, the court ruled that finally, according to the trial situation, mediation was conducted again. If mediation fails, sentence will be pronounced. Those who refuse to accept the judgment may appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.