1. There are two ways to deal with divorce: divorce by agreement and divorce by litigation.
Divorce by agreement means that both husband and wife voluntarily dissolve their marriage relationship and reach an agreement on divorce-related issues (child support, property division, creditor's rights and debts, etc.). ), apply to the Civil Affairs Bureau for divorce registration, and the Civil Affairs Bureau will issue a divorce certificate to dissolve the marriage relationship.
In any of the following circumstances, you must choose a lawsuit for divorce:
1, only one party requests a divorce;
2. Although the two sides agreed to divorce, they did not reach an agreement on issues such as child support, property division, creditor's rights and debts;
3. One or both parties have limited or no capacity for civil conduct;
4. Not registered for marriage in China;
5. Both parties or one party cannot go back to the place where the household registration is located to handle it in person.
Two. Procedures for divorce by agreement
1. Prepare relevant documents.
Household registration book, ID card (original and photocopy) and marriage certificate (original and photocopy)
When foreigners and compatriots from Hong Kong, Macao and Taiwan divorce by agreement in China, they should provide the following documents: their valid passports or valid identity documents from Hong Kong, Macao and Taiwan, and compatriots from Hong Kong, Macao and Taiwan should also provide valid travel documents such as travel permits to and from the mainland or home visits.
Step 2 prepare relevant materials
Two recent half-length bareheaded photos of a two-inch single person, and a divorce agreement signed by both parties (signed in triplicate), in which it must be made clear that both parties voluntarily divorce, and both parties have reached an agreement on issues such as child support and property division, otherwise the divorce agreement will be invalid.
3. Both husband and wife should go through the divorce formalities in person at the Civil Affairs Bureau where one party's permanent residence is located.
4, the Civil Affairs Bureau staff to verify the truth, to recover the marriage certificate, issued a divorce certificate.
Three. Divorce proceedings:
1, hire a lawyer for consultation (if your situation is relatively simple);
2. The plaintiff (the party who filed for divorce) submitted an indictment to the court;
3. Agree to file a case;
4. Listening;
5. Judge for divorce.
Four. Comparison between divorce by agreement and divorce by litigation;
Compared with litigation divorce, divorce by agreement has the advantages of saving time and money, but there are also some unfavorable factors:
1. The divorce agreement filed by the Civil Affairs Bureau is not legally binding;
Of course, if the divorce agreement is notarized in the notary office after divorce, it needs to be used. For example, when the property is transferred, some places are recognized by the Housing Authority, and some places are not recognized, so it needs to be confirmed by the court.
2. Divorce by agreement often leaves hidden dangers. After divorce, it is easy to cause disputes in property division and other aspects because the contents of the divorce agreement are not fulfilled.
Extended data:
Procedures for divorce registration
I. Divorce registration shall be handled in accordance with the procedures of acceptance, preliminary examination, examination and registration (certification):
(a) the documents and certification materials submitted by the parties;
(two) the marriage registrar to check the corresponding documents and certification materials;
(3) The marriage registrar explains to the parties the conditions for registering divorce in the marriage law;
(four) the marriage registrar asked the parties about the divorce will and the contents of the divorce agreement;
(5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt disposal, both parties shall fill in the Declaration on Application for Divorce Registration and sign it in front of witnesses;
(6) Both husband and wife personally sign the divorce agreement; The marriage registrar is a witness to the oath. One copy of the agreement is for both husband and wife, and one copy is filed in the marriage registration office;
(seven) the marriage registrar shall review the documents submitted by the parties, the application for divorce registration statement and the divorce agreement, and fill in the divorce registration review form and divorce certificate if they meet the divorce conditions;
(8) issue divorce certificates. Divorce certificates shall be issued in the presence of both parties, in accordance with the following steps:
1. Verify the names, birth dates and divorce intentions of both parties;
2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with their children after divorce and their obligations;
3. Witness the personal signature of the parties in the column "Signature of the parties or fingerprints" in the "Divorce Registration Review Processing Form"; If the client can't write his own name, he should press his handprint.
4. Put a strip seal on the marriage certificate of the parties, indicating that "the two parties are divorced, and the certificate is invalid. ×× Marriage Registry ". The cancelled marriage certificate shall be returned to the parties concerned.
5. Issue divorce certificates to both divorced parties respectively, announce to both parties to receive divorce certificates, and dissolve the relationship between husband and wife.
Second, the conditions
(a) if both husband and wife request a divorce, they shall apply to the marriage registration authority with jurisdiction;
(2) Both parties have full capacity for civil conduct;
(three) the parties hold a divorce agreement, which states the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt handling;
(four) the parties hold a marriage certificate issued by the mainland marriage registration authority or the Chinese embassy (consulate) abroad;
(5) Both parties shall submit two 2-inch single half-length bareheaded photos;
(six) the parties hold the identity documents stipulated in Articles 23 to 28 of the Provisional Regulations on Marriage Registration.
Baidu encyclopedia-divorce registration