1. In a divorce case, if the parties have enough evidence to prove that the relationship between husband and wife has broken down and both parties agree to divorce, then the lawyer can be unclear;
2. If it is a divorce by agreement, involving the division of property, and the parties have insufficient litigation experience, they can hire a lawyer.
Divorce requires the following process:
1, application.
Divorce by agreement must be submitted by both parties to the marriage registration authority where one party's account is located in person, and no other person may be entrusted as an agent. When applying, all parties should hold household registration certificate, resident identity certificate, letter of introduction issued by the unit or village or neighborhood Committee, divorce agreement, marriage certificate, etc. , so that the registration authority can identify the identity of the parties and determine the jurisdiction;
2. review.
After accepting the application for divorce registration, the marriage registration authority shall conduct a review within one month. In the process of review, we should fully understand the contents of the agreement, especially pay attention to whether the intention of both parties to ask for divorce is true, and whether the children's support for the husband and wife, property division and debt handling are appropriate.
3. register.
After examination by the marriage registration authority, those who meet the conditions for divorce shall be registered, issued a divorce certificate, and their marriage certificates shall be cancelled; Those who refuse to register if they do not meet the statutory requirements shall explain in writing the reasons for not registering, and the relationship between husband and wife shall be terminated from the time when both parties receive the divorce certificate. If one party to the divorce fails to perform its due obligations in accordance with the divorce agreement, the other party may bring a civil lawsuit to the people's court;
4. cancel.
If one party who applies for divorce cheats for divorce registration, the marriage registration office shall cancel the divorce registration, declare the dissolution of the marriage relationship invalid, withdraw the divorce certificate, and impose a fine of not more than 200 yuan on the party concerned. If one party thinks that it meets the conditions for divorce, it may apply for administrative reconsideration according to law, and if it refuses to accept the reconsideration decision, it may bring an administrative lawsuit according to law.
Divorce by agreement requires both parties to write a divorce agreement, which involves custody, maintenance and the division of husband and wife's property, so there will be certain risks. If a lawyer is entrusted to draft a divorce agreement, the lawyer will try his best to avoid agreement disputes according to his professional legal knowledge and past experience.
Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC).
If the husband and wife voluntarily divorce, 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.
Article 1078
The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.