Traditional Culture Encyclopedia - Almanac inquiry - Can I get a divorce on Sunday?
Can I get a divorce on Sunday?
Divorce refers to the legal act that both husband and wife dissolve their marriage relationship according to legal conditions and procedures.
1. When applying for divorce by agreement, the following materials shall be prepared:
1. One copy of the household registration certificate of both men and women;
2. Copies of resident ID cards of both men and women;
3. Divorce agreement in triplicate, signed by both parties;
4. Original marriage certificate;
5. A copy of the child's birth certificate;
6. Two recent bareheaded two-inch half-length photos.
Second, the process of divorce by agreement is as follows:
1, the parties submit certificates and supporting materials and apply for divorce to the marriage registration authority;
2. Within the cooling-off period of 30 days from the date of receiving the application in the marriage registration office, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office;
3. Within 30 days after the expiration of the cooling-off period, both parties shall personally go to the marriage registration office to handle the divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
legal ground
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077 If either party is unwilling to divorce within 30 days from the date when the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
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