1. The divorce by agreement is based on mutual voluntary divorce;
2. When suing for divorce, the court decided to divorce on the statutory grounds that "the feelings have indeed broken down".
The specific legal situation is:
1. The spouse has registered marriage with others or cohabited with others in the name of husband and wife;
2. The parties commit domestic violence or abuse, and refuse to perform their maintenance obligations for family members who have maintenance obligations;
3, the parties have gambling, drug abuse and other bad habits and incorrigible;
4. The two sides have been separated for two years due to emotional disharmony;
5. One party is declared missing by the court;
6. If one party files for divorce, the court decides not to divorce, and the two parties live apart for one year, and one party files for divorce proceedings again.
The process of divorce:
1, application. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, apply to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials.
2. accept. The marriage registrar shall conduct a preliminary examination of the materials submitted by the parties in accordance with the relevant provisions of the Code for Marriage Registration. After the documents and certification materials submitted by the parties are correct in the first instance, they shall issue a receipt for accepting the divorce registration application. Those who do not meet the requirements for divorce registration will not be accepted. If a party requests to issue a notice of rejection of the application for divorce registration, it shall issue it.
3. Cooling-off period. Within 30 days from the date when the marriage registration office receives the application for divorce registration and issues the Receipt for Accepting the Application for Divorce Registration to the parties concerned, any party who does not want to divorce may withdraw the application for divorce registration at the marriage registration office that accepts the application for divorce registration with his valid identity certificate and the Receipt for Accepting the Application for Divorce Registration (if he loses it, a written explanation is required) and fill out the Application for Withdrawal of Divorce Registration in person. After verification by the marriage registration authority, the divorce registration application confirmation form shall be issued, and the divorce registration application form, divorce registration application form and divorce registration application confirmation form shall be filed together.
Within 30 days after the expiration of the cooling-off period for divorce, if both parties fail to apply to the marriage registration authority for a divorce certificate, it shall be deemed that the application for divorce registration has been withdrawn.
4. review. Within 30 days after the expiration of the cooling-off period for divorce (if the last day of the cooling-off period expires is a holiday, the first day after the holiday will be the date of expiration of the cooling-off period), both parties shall apply to the marriage registration authority for divorce certificates with the documents and materials specified in Items 4 to 7 of Article 55 of the Marriage Registration Law.
5. register. The marriage registration authority shall register and issue a divorce certificate in accordance with the provisions of the Marriage Registration Code.
To sum up, in the trial of divorce disputes and other family trial cases, we should implement the important guiding spirit of "attaching importance to family, family education, family style and family civilization construction". Divorce disputes involve not only two parties, but also two families. Mediation system should be actively used in judicial practice, especially the legal reasons for divorce on the basis of comprehensive consideration of cases to properly handle divorce disputes.
Legal basis:
Article 1085 of the Civil Code of People's Republic of China (PRC)
After divorce, if the children are directly raised by one party, the other party shall bear part or all of the support. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.
Article 1079
If one of the spouses requests a divorce, the relevant organizations 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.