Does Nanjing divorce go to citizen center
Go to the Civil Affairs Bureau. There are two ways of divorce: divorce by court proceedings and divorce by agreement with the marriage registration authority of the civil affairs department
ways:
1. Divorce registration. The contents of consensus should be reflected in the divorce agreement, including but not limited to the following contents: expression of divorce intention, ownership of custody, payment of maintenance fee, property division, etc
2, divorce litigation
both husband and wife can not reach an agreement through consultation, they can only go to the court to sue for divorce, and the court will decide whether to approve the divorce, and at the same time, it will decide the ownership of custody, the payment of maintenance fees, the division of property, the ownership of creditor's rights and debts, etc
1. Principles of registration and certification
Article 13 of the marriage registration regulations stipulates that the marriage registration authority shall review the certificates and certification materials issued by the parties to divorce registration and ask for relevant information
if the parties do divorce voluntarily and have reached an agreement on the issues of child support, property and debt, they should register on the spot and issue a divorce certificate. Divorce certificate is a kind of certificate with legal effect to prove that the marriage relationship has been dissolved
According to Article 32 of the new marriage law, if a man or a woman asks for divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When trying a divorce case, the people's court shall conct mediation; If the relationship is broken and the mediation is invalid, divorce should be granted (1) bigamy or cohabitation of a spouse with another person (2) domestic violence or maltreatment or abandonment of family members (3) those who have bad habits such as gambling and drug abuse that are not changed after repeated ecation (4) separation for at least two years e to emotional discord (5) other circumstances leading to the breakdown of the relationship between husband and wife3. There are four basic requirements for divorce:
first, in terms of time, divorce can only occur ring the survival of both spouses. If one of the spouses dies or is declared dead, there is no divorce
secondly, in the subject, divorce can only be proposed by both men and women who have the status of husband and wife, and no one else can claim divorce for other people's marriage relationship
Thirdly, divorce must have legal marriage relationship. Unregistered de facto marriage or illegal marriage that obtains marriage certificate by deception or fraud can only be relieved by applying for cancellation or invalidation, but not by divorce Fourthly, divorce, as a serious legal act, must meet the legal conditions for divorce and perform the legal divorce procere in order to proce legal effectIn the case of divorce by agreement, both parties shall, after negotiation, go to the original marriage registration authority to go through the divorce proceres and get the divorce certificate with their divorce agreement, marriage certificate and ID card; If one party does not agree or reneges after signing the divorce agreement, it should sue for divorce through litigation in the court of the defendant's residence, or in the court of the place where the defendant has lived for more than one year. If the defendant's whereabouts are unknown or has been imprisoned for more than one year, it can sue for divorce in the court of the place where the plaintiff is located. The first trial usually takes six months, and the second trial takes three months. If the court does not leave the first judgment, it can sue again after half a year, and the court should leave the second one in general. If the litigation cost of divorce does not involve the division of property, it is generally 50 yuan. If there is a division of property, it should be paid according to the proportion of property
according to Article 31 of Chapter IV of the marriage law of the people's Republic of China, if both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. When the marriage registration authority finds out that both parties are really voluntary and have properly dealt with the problems of children and property, it shall issue a divorce certificate. Article 32 If a man or a woman requests divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court< First, the procere of divorce by agreement is convenient
in the process of divorce agreement drafting, we should be very careful and never act rashly. If necessary, we'd better ask a lawyer to check. According to Article 10 of Chapter III divorce registration of the marriage registration regulations, if a mainland resident wishes to divorce, both men and women shall jointly go to the marriage registration authority of the place where one party's permanent residence is located for divorce registration. Article 11 a mainland resident who has registered for divorce shall proce the following certificates and supporting materials: (1) his household register and ID card 2 My marriage certificate 3 A divorce agreement signed by both parties
the divorce agreement shall state the intention of both parties to divorce voluntarily and their consensus on matters such as child support, property and debt treatment
if both parties agree to divorce, and an agreement can be reached on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce agreement after the amendment and implementation of the marriage registration regulations on October 1, 2003
Second, divorce litigation in court: convenient and tedious
according to Article 32 of Chapter IV Divorce of the marriage law of the people's Republic of China, if one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court
if one of the husband and wife insists on divorce or agrees to divorce, but no agreement can be reached on child support or property division, divorce can only be achieved through court proceedings.