You can go to the Zhongyuan District Civil Affairs Bureau for divorce from Monday to Friday.
1. There are two ways to handle divorce: divorce by agreement and divorce by litigation.
Divorce by agreement means that both spouses voluntarily terminate the marriage relationship and resolve divorce-related issues (child support, property division, Creditors' rights and debts, etc.) reach an agreement, apply for divorce registration to the Civil Affairs Bureau, and the Civil Affairs Bureau will issue a divorce certificate to dissolve the marriage.
If one of the following situations occurs, you must choose litigation for divorce:
1. Only one party insists on divorce;
2. Although both parties agree to divorce However, no agreement has been reached on issues such as child support, property division, claims and debts;
3. One party or both parties are restricted from civil conduct or have no capacity for civil conduct;
4. The marriage has not been registered in China;
5. Both parties or one party is unable to return to the place of residence to register in person.
2. Procedure for divorce by agreement
1. Prepare relevant documents
Household register, ID card (original and copy), marriage certificate (original and Copy)
Foreigners, Hong Kong, Macao and Taiwan compatriots who apply for divorce by agreement in my country need to provide the following documents: their valid passport or valid identity document from Hong Kong, Macao and Taiwan. Hong Kong, Macao and Taiwan compatriots also need to provide Valid travel documents such as Mainland Pass or Home Return Permit
2. Prepare relevant materials
Two recent two-inch half-length bareheaded photos of a single person, divorce agreement signed by both parties (no signature required, (in triplicate), in the divorce agreement, it must be clearly stated that both parties are voluntarily divorcing, and both parties have reached an agreement on issues such as child support and property division, otherwise the divorce agreement will be invalid.
3. Both husband and wife must go to the Civil Affairs Bureau where one of the parties has their permanent residence to handle the divorce procedures together and in person.
4. After verifying that the situation is true, the Civil Affairs Bureau staff will take back the marriage certificate and issue a divorce certificate.
3. Procedure for divorce litigation:
1. Hire a lawyer for consultation (if your situation is relatively simple);
2. Plaintiff (who files for divorce) One party) submits an indictment to the court;
3. Agree to file the case;
4. Hear the case;
5. Decide for divorce.
IV. Comparison of divorce by agreement and divorce by litigation in the divorce procedures:
Compared with divorce by agreement and divorce by litigation, divorce by agreement has the advantages of saving time and money, but it also has the advantages of saving time and money. There are some disadvantages:
1. The divorce agreement filed with the Civil Affairs Bureau for divorce is not legally enforceable;
Of course, if you take the divorce agreement to the notary office after divorce Once it has been notarized, when the divorce agreement needs to be used, for example, when transferring property, the housing authorities in some places will recognize it, but in other places it will not, and you still need to go to the court to confirm it.
2. Divorce by agreement often leaves hidden dangers. After divorce, it is easy to cause disputes over property division and other aspects because the contents of the divorce agreement are not fulfilled.
Extended information:
Procedures for divorce registration
1. Divorce registration shall be handled in accordance with the procedures of acceptance, preliminary examination, review, and registration (issuance of certificate):
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(1) The parties submit certificates and supporting materials;
(2) The marriage registrar checks the corresponding certificates and supporting materials;
(3) The marriage registrar submits documents to the parties Explain the conditions for registration of divorce in the Marriage Law;
(4) The marriage registrar asks the parties about their wishes for divorce and the content of the divorce agreement;
(5) Both parties voluntarily divorce and agree If matters such as child support, property and debt settlement are agreed upon through consultation, both parties shall fill out the "Declaration for Application for Divorce Registration" and sign in front of the oath supervisor;
(6) Both spouses shall sign the divorce agreement in person; The Registrar of Marriages shall administer oaths. Each spouse should have one copy of the agreement, and one copy should be kept on file at the marriage registration office;
(7) The marriage registrar will review the documents submitted by the parties, the declaration for divorce registration, and the divorce agreement. If the conditions for divorce are met, , fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;
(8) Issue the divorce certificate. The issuance of a divorce certificate should be carried out in the presence of both parties and in accordance with the following steps:
1. Verify the names, dates of birth, and divorce wishes of both parties;
2. Inform both parties to receive the divorce The legal relationship after the divorce, the relationship with the children after the divorce, and the obligations to be fulfilled;
3. Witness that the party concerned personally signs in the "Party's signature or fingerprints when receiving the certificate" column of the "Divorce Registration Review and Processing Form" Signature; if the person concerned cannot write his or her name, his or her fingerprints should be taken.
4. Stamp a strip seal on the marriage certificate of the parties concerned, with the words "The parties are divorced and the certificate becomes invalid. ××Marriage Registration Office". The canceled marriage certificate shall be returned to the parties concerned.
5. Issue divorce certificates to both parties to the divorce, and announce to both parties that the divorce certificate is obtained and the relationship between husband and wife is dissolved.
2. Conditions
(1) Both spouses who require divorce must go to the marriage registration office with jurisdiction to apply together;
(2) Both parties have full capacity for civil conduct;
(3) The parties hold a divorce agreement, which states that both parties express their intention to divorce voluntarily and agree on matters such as child support, property and debt disposal. Opinions;
(4) The parties concerned hold a marriage certificate issued by the mainland marriage registration authority or the Chinese embassy (consulate) abroad;
(5) The parties concerned shall each submit 2 2-inch A half-length photo of a single person without a hat;
(6) The parties concerned hold the identity documents specified in Articles 23 to 28 of the "Interim Regulations on Marriage Registration".
Baidu Encyclopedia-Divorce Registration