Fortune Telling Collection - Ziwei fortune-telling - Where do I need to go for divorce?

Where do I need to go for divorce?

Divorce is handled in the following places:

1. Both parties agree to divorce, and go through the divorce formalities at the marriage registration office of the Civil Affairs Bureau where one party's household registration is located with the household registration book, ID card, marriage certificate and divorce agreement. Both parties leave their registered permanent residence to live in other places, and the civil affairs bureau of the place of residence generally does not accept it; Divorce agreements do not meet the requirements, generally including consent to divorce, property division and child support. You don't have to go to the civil affairs bureau that issued the marriage certificate to handle the divorce procedure;

2. Husband and wife disputes and divorce in domestic litigation:

(1) Both parties have registered permanent residence in the same jurisdiction and live in the place where the registered permanent residence is located. The parties who file a lawsuit may file a case with the local grass-roots court with their ID card, marriage certificate, indictment and property certificate;

(2) Both parties have permanent residence in the same jurisdiction, and one party has lived abroad for more than 1 year. When a party living in a foreign country files a lawsuit, it needs to file a case in the grass-roots court where the other party's account is located; One party living in the registered permanent residence can bring a lawsuit to the local court, or to the grass-roots court where the other party has lived continuously for more than 1 year;

(3) Both parties have permanent residence in the same jurisdiction, and both have lived in other places for more than 1 year. If one party brings a lawsuit, it shall bring it to the court of the other party's habitual residence; If there is no habitual residence, file a case with the court of habitual residence;

(4) If both parties' accounts are not in the same jurisdiction, but they live in the place where one party's account is located, either party may bring a lawsuit to the court of domicile;

(5) Where both parties' accounts are not in the same jurisdiction, but live in their respective accounts, Party B brings a lawsuit to the other party's account;

(6) If the registered permanent residence of both parties is not in the same jurisdiction, and one party has left the registered permanent residence for more than 1 year, a lawsuit shall be filed with the registered permanent residence of the other party; The other party brings a lawsuit in the habitual residence of the party who leaves the domicile;

(7) Both parties' registered residences are not in the same jurisdiction, and both of them have been away from their registered residences for more than 1 year, and bring a lawsuit to the court of the other party's habitual residence; If there is no habitual residence, the case shall be filed with the court of habitual residence of the proposing party; The filing party also has no habitual residence and files a lawsuit in the court where the other party's account is located;

3. If one party is missing, the other party will bring a lawsuit to the court where the missing person's account is located. The court will serve subpoenas, judgment documents, etc. By way of announcement. However, the premise is that the court first exhausts other modes of service. This way solves the obstacles caused by behaviors such as being lazy and disappearing to play.

4. Divorce caused by foreign factors:

(1) Overseas Chinese who get married in China and settle abroad apply for divorce in the court of the country where they settle down; If the country of residence does not accept it, the divorce shall be handled in the people's court of the place of marriage or the last residence of one party in China;

(2) Overseas Chinese who have married and settled abroad apply for divorce to the court of the country where they have settled; If the country of residence does not accept it, the divorce shall be handled in the court of one party's original domicile or the last domicile in China;

(3) China citizens are separated at home and abroad, and domestic courts have jurisdiction. Both parties may bring a lawsuit to the court of the domicile of the domestic party;

(4) China citizens who are abroad but have not settled down can choose to handle divorce proceedings in the people's court where the plaintiff or defendant is located;

(5) If a foreigner divorces a citizen of China and the foreigner files for divorce, the divorce proceedings shall be conducted in the court where the citizen's China hukou is located; China people file for divorce and handle divorce proceedings in the court where the household registration is located;

(six) the recognition of foreign court judgments in China shall be handled in accordance with the international treaties to which both parties are parties; There is no international treaty or reciprocal relationship.

The materials required for divorce are as follows:

1. To apply for divorce, you need to prepare a marriage certificate, a valid identity document and an application for divorce registration, and fill it out in the marriage registration office.

2. After the cooling-off period of divorce, all materials, including the divorce agreement, need to be prepared, and both parties should submit two 2-inch recent bareheaded photos of a single person.

Legal basis:

Article 10 of the Regulations on Marriage Registration

If mainland residents divorce voluntarily, both men and women should register for divorce at the marriage registration office where one party's permanent residence is located.

Article 11 of the Regulations on Marriage Registration

Mainland residents who register for divorce shall present the following documents and supporting materials:

(1) My household registration book and ID card;

(2) my marriage certificate;

(3) The divorce agreement signed by both parties.

Article 12 of the Regulations on Marriage Registration

In any of the following circumstances, the marriage registration authority shall not accept the divorce registration:

(1) No divorce agreement has been reached;

(2) Belonging to a person without or with limited capacity for civil conduct;

(three) do not apply for marriage registration in mainland China.