Husband and wife long-term life is no longer a place, unable to communicate every day, no matter how good feelings have scattered one day. Can we go through divorce procedures in other places? How to handle the divorce procedures in other places? Let's have a look.
How to handle the divorce procedures in other places?
1. if the two sides agree to divorce, they do not have to go to the Civil Affairs Bureau that issues the marriage certificate, and they can go to the registered residence of any party.
2. if the two sides divorce different agreements, they need to go to the defendant's domicile (the domicile is the place where the residence is registered, but where the habitual residence is different from the place of residence, where the habitual residence is domicile, where the habitual residence refers to the place where the residence is over 1 years).
Divorce procedures by agreement in other places:
Strictly speaking, couples in different places can not handle the divorce agreement. Because Article 5 of the provisional norms for marriage registration stipulates that the jurisdiction of marriage registration shall be divided into administrative regions.
（1） The Civil Affairs Department of the people's Government of a county, a city not divided into districts, or a municipal district shall handle the marriage registration between mainland residents whose permanent residence of both parties or one party is in its own administrative region.
The people's government at the provincial level may, according to the actual situation, require the people's Government of a township (town) to handle the marriage registration between mainland residents with permanent residence of both parties or one party in the township (town).
（2） The Civil Affairs Department of the people's government at the provincial level or the Civil Affairs Department designated by it shall handle the marriage registration of foreign-related, Hong Kong, Macao and Taiwan residents, overseas Chinese and overseas Chinese with permanent residence in the jurisdiction of one party.
The Civil Affairs Department of the people's government at the provincial level shall put forward opinions to the people's government at the same level for confirmation.
The marriage registration authority shall not go through marriage registration in violation of the above provisions.
Therefore, if the two parties do not go to the same place for divorce registration, the divorce agreement will not be handled.
The procedure of divorce by agreement in the place where one party's registered permanent residence is located:
1. Both parties hold the following materials
(1) Account book of both parties
(2) ID cards of both parties
(3) Marriage certificate
(4) Two recent one inch bareheaded photos
(5) Divorce agreement
Go to the Civil Affairs Bureau to fill in the "application for divorce registration statement"
2. Examination by marriage registration authority
3. Issue divorce certificate after passing
Divorce procedures in different places:
1. Write a divorce indictment (lawyer can be asked to write it)
2. Prepare the evidence for divorce litigation
3. Submit the divorce indictment and evidence to the court with jurisdiction
4. The court decides whether to accept the divorce lawsuit
5. After accepting the divorce case, the court shall send a copy of the indictment to the other party within the legal time
6. The court arranges the hearing time and sends subpoenas to both parties
7. Court session: both parties can entrust lawyers or other professionals to act for divorce litigation
8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
Can I get a divorce in another place? Yes.
According to Article 12 of the opinions on several issues of the civil procedure law, if one of the husband and wife has left the place of residence for more than one year, the case of divorce filed by the other party shall be under the jurisdiction of the people's Court of the place of residence of the plaintiff. If both husband and wife have left their place of residence for more than one year, the case of divorce filed by one party shall be under the jurisdiction of the people's Court of the defendant's habitual residence; if there is no habitual residence, the case shall be under the jurisdiction of the people's Court of the plaintiff's residence at the time of filing the lawsuit.
If you need to fight for greater interests in divorce, you need to find a professional lawyer to help you. There are many lawyers in this area who can get professional advice on the Internet.