After meeting the above conditions, both husband and wife can apply for divorce registration to the marriage registration office of the Civil Affairs Bureau. The general procedure of divorce registration is as follows:
(1) The parties submit certificates and relevant supporting materials.
(2) The marriage registrar explains the conditions for registering divorce in the Civil Code, and asks about the contents of divorce wills and divorce agreements.
(3) Both parties fill in the Declaration of Application for Divorce Registration; Among them, the signature of the "declarant" column in the declaration of applying for divorce registration must be completed by the declarant in front of the monitor.
(4) Both husband and wife personally sign the divorce agreement, with the marriage registrar as the supervisor. Both husband and wife hold one copy, and one copy is filed in the marriage registry. Under normal circumstances, the parties should prepare the divorce agreement in advance, whether it is printed or handwritten, and there is no uniform requirement. It's best to leave the signature area blank so that you can sign it on the spot. Before going through the divorce registration, it is best to contact the marriage registration office of the district and county civil affairs bureau, ask about the materials you need to bring, and make all preparations to avoid wasting time.
(five) the marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration and the divorce agreement, and fill in the divorce registration review form and divorce certificate if they meet the divorce conditions.
(6) When the marriage registrar handles the divorce certificate and both parties are present, first verify the names, birth dates and divorce wishes of both parties. Secondly, inform both parties of the legal relationship after receiving the divorce certificate, the relationship with their children after divorce, their due obligations, the handling of divorce agreement disputes and the legal remedies. Thirdly, witness the personal signature of the parties in the column of "signature of the parties or fingerprints" in the "divorce registration review processing form"; Customers can't write their own names, so they have to collect fingerprints. Next, put a seal on the marriage certificate, indicating that "the two parties are divorced and the documents are invalid. Xx marriage registration office ",and then return the cancellation of marriage certificate to me. Subsequently, divorce certificates shall be issued to both parties respectively, and both parties shall sign the delivery receipt after receiving the divorce certificate and notification form. Finally, the registrar announced to both parties that they would get a divorce certificate and dissolve the marriage relationship.
To sum up, litigation divorce is also the best way to dissolve marriage. If the two parties fail to reach an agreement, they can take legal proceedings. However, divorce certificates will not be issued for divorce proceedings, but there is a divorce judgment. Therefore, the elements existing in different programs will be different. As long as the marriage relationship between the two parties is dissolved, there is no relationship.
Legal basis:
People's Republic of China (PRC) Civil Code:
Chapter IV Divorce 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.