Procedures and steps for handling divorce certificates

Procedures and steps of divorce: First, you need to prepare a divorce complaint, bring your ID card, marriage certificate and property division list, collect evidence of the breakdown of marriage relationship, and file a lawsuit with the court. Secondly, after the court accepts the case, the court will arrange the trial time and the parties will participate in the trial. Finally, after the trial, wait for the judgment or ruling.

There are two kinds of divorce: divorce by agreement and divorce by prosecution.

To negotiate a divorce, you need to prepare the following materials, and then go to the local marriage registration office for divorce:

(1) permanent residence booklet and resident identity card of both parties;

(2) Marriage certificates of both parties;

(3) The divorce agreement signed by both parties is in triplicate;

(4) Submit two recent bareheaded two-inch photos of a single person.

(5) At the scene of divorce registration, both parties should fill in the Declaration of Application for Divorce Registration.

Divorce by agreement, complete procedures, can be handled at that time. If one party does not agree to divorce, or fails to reach an agreement on matters such as property division, maintenance and upbringing, it is necessary to sue for divorce, which requires the following procedures:

First of all, the plaintiff filed a civil lawsuit and applied to the court with jurisdiction to file a case.

Second, when applying for filing a case, you need to submit your ID card, marriage certificate, complaint and legal fees.

Third, the court will conduct mediation after filing the case. If mediation fails, the court will hold a hearing and make a judgment.

I. Unilateral divorce procedure

1. You can get a divorce by agreement, which is the quickest and easiest way to get a divorce. If negotiation fails, we can only unilaterally sue for divorce.

2. Write a divorce indictment (you can ask a lawyer to write it for you), prepare ID cards, household registration books, marriage certificates and other materials, and file a case in the court of your habitual residence.

3。 If you don't know the specific legal steps, you can directly entrust a professional lawyer to handle it.

4. Relevant provisions of the Civil Code: If one of the men and women requests a divorce, the relevant departments can 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 really broken down and mediation is ineffective, divorce should be granted.

Second, what about the divorce procedure in different places?

1。 If both parties agree to divorce, it is not necessary to go through the divorce formalities at the civil affairs bureau that issued the marriage certificate, but at the domicile of either party.

2。 If both parties do not agree to divorce, they need to go to the basic court of the defendant's domicile (domicile refers to the domicile, but the habitual residence is different from the domicile, and the habitual residence refers to the place where they have lived for more than 65,438+0 years) for divorce.

Verb (abbreviation for verb) agrees on the procedure of divorce.

1, application. If mainland residents divorce voluntarily, both men and women should * * * register for divorce at the marriage registration office where one of them has permanent residence. Among them, 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.

2. review. The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in divorce registration and ask about the relevant information. If the parties do divorce voluntarily and reach an agreement on issues such as child support, property and debts, they should register on the spot and issue a divorce certificate. In the process of review, we must fully understand the contents of the agreement, especially pay attention to whether the intention of both parties to ask for divorce is true, whether the child support, the help of one of the spouses in difficulties, the division of property and the handling of debts are appropriate.

3. register. After examination by the marriage registration authority, those who meet the conditions for divorce shall be registered, issued a divorce certificate, and their marriage certificates shall be cancelled; When handling the divorce registration, if both parties fail to reach a divorce agreement, they belong to persons with no or limited capacity for civil conduct, or their marriage registration is not in Chinese mainland, the marriage registration authority will not accept it.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 1076 of the Civil Code of People's Republic of China (PRC)

If the husband and wife voluntarily agree to divorce, 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

Cooling-off Period for Divorce 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

Divorce registration If the marriage registration authority finds out that both parties are really divorced voluntarily and reach consensus 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 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 shall 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 has 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.