How to go through divorce procedures
In recent years, the divorce rate has increased year by year, and more and more people are paying attention to the divorce procedures. This article will introduce in detail the steps, required materials and precautions for divorce procedures to help people in need better understand the divorce process.
1. Two ways of divorce
Divorce can be divided into two types: divorce by agreement and divorce by litigation. The specific method chosen depends on whether the couple can reach an agreement.
| Divorce | Applicable conditions | Process |
|---|---|---|
| divorce by agreement | The couple voluntarily divorces and reaches an agreement on issues such as child support and property division. | 1. Both parties jointly apply for divorce registration at the Civil Affairs Bureau 2. Submit relevant materials 3. Cooling-off period of 30 days 4. Receive the divorce certificate after expiration |
| Litigation for divorce | One party does not agree to the divorce, or the two parties cannot reach an agreement on issues such as child support and property division. | 1. One party files a divorce lawsuit in court 2. Court mediation or trial 3. Judgment of divorce |
2. The specific process of divorce by agreement
Divorce by agreement is the simpler method. The following are the specific steps:
| steps | Specific content |
|---|---|
| Step 1: Apply | Both husband and wife should jointly apply for divorce at the Marriage Registration Office of the Civil Affairs Bureau where one spouse is registered and fill out the "Divorce Registration Application Form". |
| Step 2: Submit materials | The following materials need to be submitted: 1. Original and copy of ID card 2. Original and copy of household registration booklet 3. Original marriage certificate 4. Divorce Agreement (need to be signed by both parties) |
| Step Three: Cooling-off Period | After the application is accepted, there will be a 30-day cooling-off period. During the cooling-off period, either party may withdraw the divorce application. |
| Step 4: Get the divorce certificate | Within 30 days after the cooling-off period expires, both parties must go to the Civil Affairs Bureau to collect the divorce certificate. If the cooling-off period expires, the application will be deemed to have been withdrawn. |
3. The specific process of divorce litigation
If the couple cannot reach an agreement, divorce can be resolved through litigation. The following is the process for litigating a divorce:
| steps | Specific content |
|---|---|
| Step one: sue | One party submits a divorce complaint to the court and provides the following materials: 1. Copy of ID card 2. Copy of marriage certificate 3. Child’s birth certificate (if any) 4. Proof of property, etc. |
| Step Two: Court Acceptance | The court will decide whether to file a case after reviewing the materials and notify the other party to respond. |
| Step Three: Mediation | The court will usually conduct mediation first, and if the mediation is successful, a mediation agreement can be signed. |
| Step 4: Court hearing | If mediation fails, the case will enter the trial stage, where both parties must submit evidence and state their reasons. |
| Step 5: Judgment | The court will decide whether to grant divorce based on the circumstances of the case. |
4. Things to note when writing a divorce agreement
The divorce agreement is an important document for divorce agreement and must contain the following contents:
| content | Description |
|---|---|
| child support | Clarify child custody rights, support payment standards and visitation methods. |
| property division | List in detail the division plan for joint property, including real estate, vehicles, deposits, etc. |
| Debt handling | Clarify how joint debts will be borne. |
5. Frequently asked questions after divorce
There are some problems you may encounter after divorce. Here are answers to some common questions:
| question | Answer |
|---|---|
| How to transfer household registration after divorce? | You can go to the household registration management department to handle the household registration transfer procedures with the divorce certificate or judgment. |
| What should I do if the property is not clearly divided after divorce? | Proceedings can be brought to court to request the re-division of property. |
| How is child support adjusted after divorce? | If your circumstances change, you can apply to the court to adjust your child support payments. |
6. Summary
Divorce procedures involve legal procedures. It is recommended that both spouses communicate fully before divorce and try to solve the problem through divorce agreement. If you cannot reach an agreement, you can protect your rights and interests through divorce proceedings. No matter which method you choose, you should prepare relevant materials and consult with a professional lawyer to ensure your legal rights.
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