in the era of such a high divorce rate, the old people no longer say that their TV set is broken. The first thing they think about is repair. Now, the TV set is broken, and more people think about 'change'. It's like marriage. So how to deal with the divorce procedures? Details of divorce procedures and procedures.
According to the differences of ways, divorce can be divided into two categories: one is divorce by agreement; the other is divorce by litigation. Due to the different types of divorce, there are little differences in the handling of divorce procedures. How to deal with divorce procedures? What are the procedures?
How to deal with divorce procedures materials
There are many related materials involved in the handling of divorce procedures. The main materials are as follows: household register, ID card, marriage certificate, photo, divorce agreement, etc. in addition, overseas Chinese and foreign citizens should also carry their own valid passports or other valid international travel documents (including copies).
How to handle divorce procedure
It should be noted that the contents of the divorce agreement should include the key points of the agreement and the detailed contents. In general, the divorce agreement should include: whether the two parties declare the divorce is due to resources; the custody of children; how to deal with the creditor's rights and debts of both parties; the ownership or treatment of the joint property of both parties after marriage.
According to the marriage law, there are two ways of divorce:
1、 Procedures for divorce by agreement
Divorce by agreement through administrative procedures shall be in the charge of the civil affairs department. The registration and administration organ for divorce by agreement is the Civil Affairs Department of the sub district office or the municipal district or the city not divided into districts in the city, and the people's Government of the township or nationality township in the countryside.
1. Application.
In case of divorce by agreement, both parties shall personally apply to the marriage registration administration organ in the place where one party's registered permanent residence is located, and may not entrust others to act as agents. At the time of application, all parties shall hold household registration certificate, resident identity certificate, letter of introduction issued by the unit or village where they work, resident committee, divorce agreement, marriage certificate, etc., so that the registration administration organ can find out the identity of the parties and determine the jurisdiction.
2. Review.
After accepting the divorce registration application of the parties, the marriage registration authority shall review it within one month. In the process of review, it shall fully understand the content of the agreement, especially pay attention to whether the intention of the parties to request divorce is true, whether it is appropriate for the children to raise the couple's living difficulties, help, divide the property and deal with the debt.
3. Registration.
After examination, the marriage registration administration organ shall register those who meet the conditions of divorce, issue divorce certificate and cancel marriage certificate; for those who do not meet the legal conditions, the reasons for not registering shall be explained in written form, and the relationship between husband and wife shall be removed from the time when the parties receive the divorce certificate. If one of the parties to a divorce fails to perform its due obligations in accordance with the divorce agreement, the other party may bring a civil action in a people's court.
4. Revocation.
Where the party applying for divorce falsifies or fraudulently obtains the divorce registration, the marriage registration administration organ shall cancel the divorce registration, annul the annulment of the marriage relationship of the divorced party, withdraw the divorce certificate, and impose a fine of less than 200 yuan on the party. If the parties consider that they meet the conditions for divorce, they may apply for administrative reconsideration according to law. If they are not satisfied with the reconsideration decision, they may file an administrative lawsuit according to law.
If the parties to the marriage relationship fail to negotiate on the division of property and the maintenance of children, or one party requests divorce and the other party disagrees with the divorce, the purpose of divorce shall be achieved through litigation.
2、 Procedures for divorce prosecution
1. Write a civil complaint
The first part states the name, sex, date of birth, nationality and domicile of the plaintiff and the defendant.
The second part is about the claim:
a. Request for divorce; B. child support; C. division of property according to law;
The third part describes the facts and reasons, including when to get married, when to have a child, and why to divorce.
It is better to print the complaint, but the last part must be signed by hand;
2. File a lawsuit in the basic court (district or county court) where the domicile is located, and handle the filing procedures in the filing court;
3. When filing a case, submit 2 Civil Pleadings, marriage certificate, ID card of husband and wife (at least with their own), original household registration or birth certificate of the child. If there is any property that needs to be divided by the court, it is also necessary to bring relevant property evidence, such as real estate certificate, motor vehicle driving certificate, etc. Two sets of copies of evidence (one copy in the court file and one copy to the other party) shall be submitted;
4. Payment after examination by the filing court;
5. Give the payment bills and materials to the court for filing and notice of going home;
6. The court will arrange for the hearing of your case, and serve the copy of the petition, evidence and other materials on the defendant. After serving the defendant, you will be informed of the time of the hearing, and you need to go to the court to get the summons for the hearing;
7. If the other party also agrees to divorce, the court may ask both of you to mediate (in civil cases in China, mediation is a necessary procedure, you will not be organized to mediate before the court session, and you will also be asked if you are willing to mediate when the court session is held). If the mediation is successful, a civil mediation statement will be issued, which can be divided into two types, i.e. mediation for divorce, or work for you, not divorce, and closing the case;
8. If mediation fails, a court session will be held. If mediation fails at the time of the court session, a judgment will be issued and a civil judgment will be issued;
9. The judgment may or may not be divorced. In general, if a divorce is sued for the first time, the defendant does not agree with the divorce, and the court will decide not to allow the divorce. Your friend can sue for divorce again six months after the ruling takes effect.