There are two forms of divorce:

1. Go to the civil affairs department to register for divorce. This form requires a divorce agreement, and the divorce agreement must state the custody of the children. , the distribution of property between husband and wife and how to repay the debts between husband and wife. If you do not write a divorce agreement, you will not be able to register for divorce.

2. Divorce litigation. This method does not require writing a divorce agreement. Both parties can only request the dissolution of the marriage. A divorce agreement is an agreement or opinion reached by both parties who express their intention to divorce voluntarily and reach a consensus on matters such as child support, property and debt settlement.

1. The divorce agreement is the written form of the divorce agreement.

For divorce agreements, the written form should only refer to the divorce agreement and should not include letters, let alone data messages, especially electronic data interchange and emails.

This is because the divorce agreement is a necessary legal document to register a divorce. The marriage registration agency needs to review it, and the review must be based on the fact that the divorce agreement is tangible and meets the requirements of form and content. The agreement fully meets these requirements and has naturally become the legal choice in our country.

2. Judging from the content of the divorce agreement, it includes three main contents, namely voluntary divorce, child support, property and debt settlement, etc.

Voluntary divorce means that both parties voluntarily terminate the marriage; child support involves one party exercising custody rights and the other party paying alimony, including children's living expenses, education expenses, medical expenses and other expenses. It also includes the exercise and protection of the visitation rights of the unsupported child; the handling of property and debt mainly includes how to divide the property of the spouse during the relationship, how to pay off the debts of the spouse, etc.

Based on the above three main contents, the nature of the divorce agreement should be that of a mixed contract, in which the contents regarding voluntary divorce and child support belong to the nature of the personal relationship between husband and wife, while the handling of property and debts It belongs to the nature of marital property relationship.

These two relationships are both personal and property relationships between equal subjects in legal terms.

3. If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Implementation Domestic violence or abuse or abandonment of family members;

(3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions;

(4) Living apart for more than two years due to emotional discord;

(5) Other situations 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, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Legal basis:

"People's Republic of China and Civil Code"

Article 1,076 If both spouses voluntarily divorce, they shall sign a Write a divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.

Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

(5) Other situations 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, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 55 of the "Marriage Registration Work Standards" conditions for accepting divorce registration applications are:

(1) The marriage registration office has jurisdiction;

(2) Both spouses who request divorce must go to the marriage registration office to apply together;

(3) Both parties have full capacity for civil conduct;

(4) The parties hold Divorce agreement, which states the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement;

(5) The parties hold a certificate from the Mainland marriage registration authority or the Chinese Marriage certificate issued by the embassy (consulate) abroad;

(6) Each party concerned shall submit 2 recent 2-inch half-length, bareheaded photos of a single person;

(7) The parties concerned shall hold this certificate Standardize the valid identity documents specified in Articles 29 to 35.

Article 56 When accepting an application for divorce registration, the marriage registrar shall follow the following procedures:

(1) Ask the parties separately about their wishes for divorce and their wishes regarding the content of the divorce agreement , and make a transcript, which will be signed by the parties concerned after reading it.

(2) Inspect the documents and materials specified in Article 55 of this specification. If a party applying for divorce registration has lost one marriage certificate, the party shall declare in writing that it is lost, and the marriage registration authority may handle divorce registration based on another marriage certificate; if a party applying for divorce registration has lost both marriage certificates, the party shall declare in writing Declare that the marriage certificate is lost and provide a copy of the marriage registration file with a special seal for file inspection. The marriage registration agency can handle divorce registration based on the above materials provided by the parties.

(3) If both parties voluntarily divorce and agree on matters such as child support, property and debt settlement, both parties shall fill in the "Declaration for Application for Divorce Registration";

"Declaration for Application for Divorce Registration" The signature in the "Declarant" column in the "Book" must be completed by the declarant and fingerprinted in front of the person who administers the oath;

The marriage registrar serves as the person who administers the oath and signs in the column of the person who administers the oath.

(4) Both husband and wife should sign the divorce agreement on the spot; the marriage registrar can stamp on the divorce agreement "This document is consistent with the archived document, and alteration is invalid. XXXX Marriage Registration Office XX Year XX Month XX day” rectangular seal. Each spouse shall have one copy of the agreement, and one copy shall be kept on file at the marriage registration office. If the parties require the marriage registration agency to copy their divorce agreement due to reasons such as the loss of the divorce agreement, the marriage registration files shall be reviewed in accordance with the provisions of the "Marriage Registration Archives Management Measures".

After the divorce registration is completed, if the parties request to replace the divorce agreement or change the content of the divorce agreement, the marriage registration agency will not accept it.