How can you divorce directly if you don't want a cooling-off period?

If you don't want a cooling-off period, the direct divorce method is litigation divorce.

The process of litigation divorce is as follows:

1, choose the court of acceptance. In principle, divorce proceedings should be filed with the people's court where the defendant is domiciled. The domicile generally refers to the domicile. Where the domicile is inconsistent with the habitual residence, the habitual residence shall prevail. If the defendant has been away for one year, he may bring a suit in the people's court where the plaintiff has his domicile. If the husband and wife have been separated for one year, they shall bring a suit in the people's court of the defendant's habitual residence;

2. Be prepared before suing, and choose to accept the court, so you must be prepared before suing for divorce. Mainly prepare the following written materials: civil indictment (i.e. divorce indictment), plaintiff's identity certificate (household registration book, ID card), children's identity certificate (birth certificate, household registration book, ID card) and marriage relationship certificate (marriage certificate, marriage certificate, household registration book). To sue for divorce, it is necessary to prove the emotional breakdown, and the emotional breakdown needs to have certain performance. For example, domestic violence, such as extramarital affairs, requires relevant evidence. If it is necessary to divide the joint property of husband and wife, it is necessary to provide property certificates (real estate license, motor vehicle registration certificate, bank deposit certificate, company industrial and commercial registration information, etc.). );

3. Submit the materials for suing for divorce to the court. After the materials are approved, the court will issue a bill to pay the legal fees, guide the parties to pay the fees at the designated bank, our hospital's payment window or online, and send the payment voucher to the filing window or hand it over to the judge in charge to formally file a case. The payment term is 7 days. Overdue is regarded as automatic exit;

4. Pre-trial procedure. After the case is concluded, the case will be assigned to law enforcement judges in related fields. The presiding judge will inform both parties of the court session or mediation time at a certain time, first inform the defendant and then inform the plaintiff;

5. At the court session, the plaintiff will appear in court on time according to the time specified in the summons. Divorce proceedings, in principle, require both husband and wife to be present in person. Do not give too much introduction to the procedure of the court session;

6. After the trial, wait patiently for the court's decision. During this period, both parties are still free to negotiate and mediate. Voluntary reconciliation and no divorce can be revoked; If all parties involved in divorce reach an agreement through consultation, they may apply to the people's court for making a civil conciliation statement;

7. The appeal period of written judgment is 15 days. Those who are dissatisfied with the contents of the judgment may submit a civil appeal to the people's court that made the judgment and appeal to the people's court at the next higher level. If divorce is not granted and there is no appeal, the plaintiff can sue again after 6 months.

The conditions for divorce are as follows:

1, bigamy or cohabitation with others;

2, the implementation of domestic violence or abuse, abandonment of family members;

3. Bad hobbies such as gambling and drug abuse;

4. Separated for two years due to emotional disharmony;

5. In other circumstances that lead to the breakdown of the relationship between husband and wife, if one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted. After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and if one party files a divorce lawsuit again, divorce shall be granted.

To sum up, there is no cooling-off period for divorce, and the fastest way is litigation divorce. The method of direct divorce without cooling-off period is to mediate divorce through litigation to avoid cooling-off period.

Legal basis:

Article 1079 of the Civil Code of People's Republic of China (PRC)

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.