The process of divorce and the rules before going through the formalities.

If a husband and wife voluntarily divorce, they shall sign a written divorce agreement, jointly apply to the marriage registration authority with jurisdiction, provide a marriage certificate and valid identity documents, and fill out an application for divorce registration on the spot.

2. accept.

The marriage registrar shall issue a receipt for accepting the application for divorce registration after the documents and supporting materials submitted by the parties are verified in the first instance. Those who do not meet the requirements for divorce registration will not be accepted.

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 unwilling 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, and fill out the Application for Withdrawing the Registration for Divorce in person. After verification, the marriage registration authority shall issue a Confirmation Form for Withdrawing the Application for Divorce Registration. Within 30 days after the expiration of the cooling-off period for divorce, if both parties fail to jointly apply to the marriage registration authority for a divorce certificate, the application for divorce registration shall be deemed to have been withdrawn.

4. review.

Within 30 days after the expiration of the cooling-off period for divorce (if the last day of the period expires is a holiday, the first day after the holiday is the date of the period), both parties shall jointly apply to the marriage registration authority for divorce certificate with relevant documents and materials (receipt of divorce registration application, divorce agreement, household register, ID card, marriage certificate, two recent bareheaded photos of two-inch singles, etc.). ). If it does not meet the conditions for divorce registration, it will not be handled.

5. issue a divorce certificate.

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. Divorce by agreement must be agreed by both parties, otherwise it can only be divorced by litigation.

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 bareheaded two-inch photos of each person, and the divorce agreement signed by both parties (in triplicate) must clearly state in the divorce agreement that both parties voluntarily divorce, and both parties reach an agreement on issues such as child support and property division, otherwise the divorce agreement will be invalid.

3. Both husband and wife apply for divorce in person at the Civil Affairs Bureau where one of the permanent residences is located. The Civil Affairs Bureau filled out the application for divorce registration on the spot, and the staff conducted the preliminary examination. If the marriage certificate is lost, the party who lost the marriage certificate shall declare it lost in writing. Take a marriage registration file from the archives room, affix the special seal for the file, and then handle it. After the first trial is passed, the staff will issue a receipt for accepting the divorce registration application to both parties. Both sides went home and waited.

After receiving the receipt, both husband and wife need to go home and wait for a 30-day cooling-off period.

After the cooling-off period on May 5th and 30th, both parties jointly went to the Civil Affairs Bureau for divorce again. After verification, the civil affairs bureau staff recovered the marriage certificate and issued a divorce certificate.

The process of suing the court for divorce:

1, prepare the prosecution materials

The specific materials to be prepared are:

(1) My household registration book (original and copy);

(2) Resident identity card (within the validity period) (original and photocopy);

(3) Marriage certificate (original and photocopy);

(4) Indictment signed by himself (in duplicate);

(5) If there is common property, property certification documents shall be provided;

(6) If you have children, you need to provide birth medical certificate, paternity test report and other documents;

(7) Collect relevant evidence if the other party has domestic violence, deception, abuse and abandonment, drug abuse and gambling.

2. Bring the above materials to the grass-roots people's court of the domicile or habitual residence of the other party for prosecution.

3. After the case is successfully filed, pay the legal fees and wait for the court to inform the court.

4. During the court session, the court will arrange mediation. If the two parties reach an agreement on the dissolution of marriage, property, children and other issues during the court session, a conciliation statement can be issued on the same day. If mediation fails, wait for the court to issue a civil judgment.

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 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

Article 1078 If the marriage registration authority finds that both parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

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.