First, Baoshan District Civil Affairs Bureau divorce time
The commuting time of the Civil Affairs Bureau should be strictly in accordance with the spirit of the document notice of the city, county and district government. Usually Monday to Friday, Saturday and Sunday are legal weekends. Working hours: 8- 12 am, 2:30-5:30 pm. So the time for marriage registration and divorce registration is the same.
Second, what are the procedures for divorce?
There are two ways of divorce: divorce by agreement and divorce by litigation, and the procedures under the two ways are also different.
1, divorce by agreement
First of all, both parties need to sign a divorce agreement to distribute the children's property and custody, and then go to the marriage registration office of the Civil Affairs Bureau to go through the divorce formalities and get a divorce certificate. To register for divorce, the parties need to carry the following information:
(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 two-inch single bareheaded photos;
(5) At the scene of divorce registration, both parties shall fill in the Declaration of Application for Divorce Registration.
2. Litigation divorce
One party needs to file a divorce lawsuit with the court. To file a divorce lawsuit, you need to submit an indictment and the following information to the court:
(1) Original ID card of the plaintiff;
(2) proof of marital relationship (marriage certificate or proof of marital status issued by the marriage registration authority);
(3) proof that the husband and wife have joint property (property list, etc.). , can also be submitted at the hearing);
(4) If you have children, you should also submit their birth certificates and household registration books.
3. What documents do you need for divorce?
(1) If both parties choose to divorce by agreement, the documents required for divorce registration are:
1, marriage certificate;
2. Household registration book and resident identity card;
3. Divorce agreement;
4. Bring two recent half-length photos, each 1 inch.
(2) If both parties choose to file a lawsuit for divorce, the documents they should carry for divorce registration are:
1, marriage certificate;
2. Household registration book and resident identity card;
3. Effective legal documents (court judgment or mediation);
4. Bring two recent half-length photos, each 1 inch.
legal ground
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, 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 1079 If one of the husband and wife requests a divorce, the relevant organization 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.