New Rules of Civil Code, Marriage Law and Divorce Procedure

The Marriage Law of the Civil Code stipulates two forms of divorce. One is divorce by agreement; The second is litigation divorce (the litigation divorce court will mediate between the two parties). The specific process is as follows:

Divorce by agreement: both men and women voluntarily agree to apply for divorce; The marriage registration authority shall examine the application for divorce; After a 30-day cooling-off period, both parties will get a divorce certificate from the marriage registration office within 30 days.

Litigation divorce: 1. Write a divorce petition. The complaint must state the basic information of the original defendant, the claim (including child support and property division), facts and reasons; 2. Prepare relevant evidence materials, such as marriage certificate, household registration book, ID card, property details, evidence of domestic violence, etc. 3. Take two copies of the complaint, the original marriage certificate and two copies of the evidence materials prepared before, and file a case in a court with jurisdiction (the basic court of the defendant's domicile or habitual residence); 4. After filing the case, pay the legal fees with the payment receipt within 7 days. You can call 12368 to check the case information after paying for one to two weeks; 5. The presiding judge will serve a copy of the complaint and other materials to the other party within the legal time. 6. The court summoned both parties. 7. Prepare relevant materials and appear in court at the time notified by the summons. 8. Mediation is a necessary procedure for divorce proceedings. Before or after the trial, the court will organize both parties to conduct divorce mediation. If the mediation is successful, civil mediation will be conducted; if the mediation is unsuccessful, a court session will be held.

Legal basis: Article 1077 of the Civil Code of People's Republic of China (PRC). Within 30 days from the date when the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, 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apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.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 The marriage registration authority shall register and issue a divorce certificate after finding out that both parties are really divorced voluntarily and reaching an agreement on matters such as child support, property and debt handling.

Article 1079 If one of the husband and wife 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.