How to handle the divorce procedure? Three procedures for handling divorce procedures

Because marriage registration, divorce registration and litigation divorce are all territorial jurisdiction, that is, marriage registration and divorce registration can only be handled at the civil affairs bureau where one of the spouses is registered. However, with the development of economy, great changes have taken place in the workplace, and many couples have left their hometown where their registered permanent residence is located to work in other places. Whether divorce registration needs to go back to the place where the household registration is located has become a puzzle for many people. Because of many troubles in work and life, many couples who are going to divorce want to divorce in their own places of work and life. The following three situations are often encountered by people living and working in Changsha.

Case 1: A couple in Yongzhou, Hunan Province, registered in their hometown of Yongzhou, and have been doing business in Changsha for ten years. Now the couple have agreed to divorce, but Changsha is too busy to go back to their hometown for divorce. They consulted Dr. Yu Yu, a divorce lawyer in Changsha, hoping to find a way to handle divorce procedures in Changsha. Case 2: A couple working in Changsha, with their wives registered in Guangxi and their marriage certificates registered in Guangxi. The husband's household registration is in Ningxiang, Changsha, and the couple are going to divorce by agreement. However, considering that the marriage certificate is registered in Guangxi, divorce also needs to be registered in Guangxi. The couple consulted Dr. Yu Yu, a divorce lawyer in Changsha, hoping to go through the divorce formalities in Changsha. Case 3: Ms. Zhou from Changsha and Mr. Tong from Shenzhen registered their marriage in Shenzhen, and Ms. Zhou's household registration moved to Shenzhen. Later, Ms. Zhou returned to Changsha to live and live, and Mr. Tong also came to Changsha to work with Ms. Zhou. After two years of separation, Ms. Zhou wanted to go through the divorce procedure, but Mr. Tong refused. Ms. Zhou hopes to divorce through litigation, but it is too much trouble to go to Shenzhen for divorce. Ms. Zhou asked the lawyer if she could divorce in Changsha nearby.

The lawyer replied.

In China's current marriage law and marriage registration regulations, there are three main ways to deal with divorce cases. The first way is to register the divorce with the Civil Affairs Bureau, and you must register with the Civil Affairs Bureau where one of the spouses is registered. The second is divorce by agreement, which can be mediated in the court where one of the husband and wife is registered, or in the court where one of the husband and wife often lives. The third way is litigation divorce, which can be mediated in the court where one of the spouses is registered, or in the habitual residence of one of the spouses.

In the first case, the husband and wife have reached an agreement to divorce, but because they don't have time to go to the civil affairs bureau where they are registered, they can choose the court where they often live in Changsha to mediate the divorce. So they can go through the divorce formalities in Changsha. The divorce mediation document issued by the court has the same legal effect as the divorce certificate issued by the Civil Affairs Bureau.

In the second case, the husband and wife have agreed to divorce, and they can go directly to the civil affairs bureau of Ningxiang, Changsha, where the man's household registration is located. Because the law does not stipulate that you must register for divorce in Guangxi if you register for marriage. Instead, you only need to register for divorce at the place where the husband and wife are registered, and you can go through the divorce formalities in Ningxiang, Changsha.

In the third case, because one party does not agree to divorce, it can only take a lawsuit for divorce. According to the law, the court of the defendant's habitual residence shall be the competent court after the husband and wife have left their registered permanent residence for one year. Therefore, in the third case, both husband and wife have left Shenzhen to live in Changsha for more than two years, and the court in Changsha can be used as the jurisdiction court to sue for divorce.