(1) Prepare the divorce agreement. Both men and women must sign a written divorce agreement, which must include voluntary divorce and reach a consensus on matters such as child support, property and debts.
(2) The application is accepted. Both men and women need to go to the Civil Affairs Bureau for divorce registration in person with ID cards, household registration books, marriage certificates, written divorce agreements and other materials.
(3) cooling-off period. Within 30 days from the date of applying for divorce registration, if either party is unwilling to divorce, it may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is the so-called "30-day cooling-off period".
(4) review and certification. If the 30-day period expires, from 3 1 day to the 60th day, both men and women must go to the Civil Affairs Bureau to apply for the divorce certificate in person.
First, the condition of divorce is that the relationship between the two sides has indeed broken down. Specifically, there are the following situations:
1. One party is bigamous or cohabiting with others;
2. One party commits domestic violence or maltreats or abandons family members;
3. One party has bad hobbies, such as gambling and drug abuse, and refuses to change after repeated education;
4. The two sides have been separated for two years due to emotional disharmony;
5. Other circumstances leading to the breakdown of the relationship between husband and wife.
Second, litigation divorce
You haven't finished your divorce in the Civil Affairs Bureau, or you can't leave it, or you can't reach an opinion on issues such as child support and property division; Or even if we can reach an opinion, we feel that the other party is unreliable and may go back on our word. Then, I suggest you file for divorce.
Litigation divorce requires the following operations:
1, where to file a case?
1) The other party has been at his domicile or has been away from his domicile for less than one year, and brings a lawsuit to the court of the other party's domicile;
2) If the other party has left his domicile for more than one year, he shall bring a lawsuit to the court of his current domicile;
3) In any of the following circumstances, the other party shall bring a lawsuit to the court of the plaintiff's domicile or residence:
(1) The other party is not in China;
(2) The whereabouts of the other party is unknown or declared missing;
(3) The other party is receiving compulsory education;
(4) The other party is being imprisoned.
2. What information does the case carry?
1) One original and one copy of my ID card;
2) Copy of residence certificate such as my residence permit (bring a lawsuit to the court where the plaintiff is located);
3) Copy of the other party's ID card (bring a lawsuit to the court where the other party's household registration is located);
4) A copy of the residence certificate of the other party (bring a lawsuit to the court of the other party's domicile);
5) Two copies of the complaint;
6) Two copies of property evidence such as marriage certificate, children's birth certificate and real estate license.
Third, matters needing attention:
(1) During the cooling-off period of divorce, either party can withdraw the divorce application with ID card and receipt, and remember to go through the formalities as soon as possible.
(2) Within 30 days after the expiration of the cooling-off period, if both parties fail to jointly apply to the Civil Affairs Bureau for the issuance of a divorce certificate, it will also be regarded as the withdrawal of the application for divorce registration, and it is suggested that both parties make good preparations for the agreement and litigation.
(3) The marriage registration authority will verify the authenticity of the ID card, marriage certificate and certification materials. In addition, we will also review your divorce agreement according to the Marriage Registration Code to see if the provisions on child support, property division and debt handling have been clearly negotiated.
Four, divorce needs to meet the following conditions:
1. Divorce is granted if both men and women voluntarily divorce;
2. Bigamy or a spouse living with others;
3, the implementation of domestic violence or abuse, abandonment of family members;
4, gambling, drug abuse and other bad habits; Separated for two years due to emotional disharmony and other reasons.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, 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 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation;
If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Marriage registration ordinance
Article 11 Mainland residents applying for divorce shall submit the following documents and supporting materials:
(1) My household registration book and ID card;
(2) my marriage certificate;
(3) The divorce agreement signed by both parties.
When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents.
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.