The basic concept of divorce.
Divorce refers to the act of dissolving the marital relationship between the husband and wife in accordance with the law. In most countries, divorce is subject to a legal process, which is decided or registered by a court or relevant administrative authority. In China, there are two forms of divorce: divorce by agreement and divorce by litigation. The so-called "automatic divorce" is actually a misunderstanding, because there is no such thing as automatic divorce in the true sense. Even if the spouses agree, they must go through the legal process before they can officially divorce.
The basic steps to file for divorce.
1.Divorce by mutual agreement.
If the spouses can reach an agreement on divorce, division of property, child support, etc., they can choose to divorce by mutual agreement. The basic steps are as follows:
Both parties jointly apply for divorce at the marriage registration authority where one party is registered;
Submit the divorce agreement, marriage certificate, ID card and other relevant materials;
The marriage registration authority shall review the materials and accept them if they meet the requirements;
After a one-month cooling-off period, the parties again go to the marriage registration office to obtain the divorce certificate.
2.Divorce by lawsuit.
If the spouses cannot reach an agreement, or if one party does not agree to the divorce, the other spouse can file a divorce lawsuit with the court. The basic steps are as follows:
One party submits the divorce complaint, marriage certificate, ID card and other relevant materials to the court;
After the court accepts the case, it conducts mediation;
If the mediation fails, the court will hear it;
Depending on the circumstances of the trial, the court makes a decision granting or not granting the divorce.
The Civil Code of the People's Republic of China stipulates the basic principles, conditions and procedures for divorce;
Marriage Registration Regulations: Regulate the specific operating procedures for divorce by agreement;
The Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the Supreme People's Court and other judicial interpretations have made specific provisions on issues such as property division and child support in divorce cases.