Divorce process: ✅ Super detailed ✅ giant complete ✅ like collection
1. Divorce by agreement: Civil Affairs Bureau applies for divorce - cooling-off period of 30 days - 1 month to obtain the certificate;
2. Divorce by litigation: prosecution - case filing - pre-trial mediation - judgment.
Uncontested Divorce:
(1) Submission of application: The husband and wife shall submit an application for divorce registration to the Civil Affairs Bureau together through negotiation.
(2) Cooling-off period of 30 days: wait for 30 days, if either party is unwilling to divorce within 30 days, he or she can withdraw the divorce registration application to the Civil Affairs Bureau, and the divorce by agreement is not reached. If none of the applications are withdrawn, proceed to the next step.
(3) 30 days of decision-making period: Within the next 30 days, both parties should apply for a divorce certificate in person at the marriage registration office. If both parties do not apply for a divorce certificate in person at the marriage registration authority within the second 30 days, the application for divorce registration shall be deemed to have been withdrawn.
Documents required to apply for divorce:
(1) ID card
(2) 户口本
(3) Marriage certificate
(4) Residence permit of one party
⚠️ Note: All prepared materials are originals from both sides
Documents required to obtain a divorce certificate:
(1) Three copies of the marriage agreement
(2) Two two-inch single photos
(3) Marriage certificate and household registration booklet
(4) Receipt of Acceptance of Divorce Registration Application
(5) Residence permit of one party
Divorce by Litigation:
(1) Submit a complaint to the people's court where the defendant is located;
(2) Waiting for the court to file and accept the case, and meeting the requirements for initiating a lawsuit, the case is generally filed within seven days;
(3) Pre-litigation mediation is a necessary procedure in litigation divorce, and if the mediation is successful, the court will issue a mediation letter to close the case, and if the mediation fails, no agreement is reached, and the case is transferred to the litigation procedure.
(4) The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within 15 days from the date of receipt;
(5) Prepare evidence and wait for the trial.
Documents required for divorce by litigation:
(1) Indictment
(2) Marriage certificate
(3) ID card
(4) Child's birth certificate
(5) List of evidence
✔️ Property evidence: purchase contract, real estate registration, vehicle registration, passbook, bank statement, etc
✔️ Evidence of custody: daily care for the child's growth, records of Moments, mobile phone photos and videos, proof of expenses such as tuition fees, interest classes, etc., and a statement that the parents are willing to help raise the child;
✔️ Evidence of domestic violence: police records, injury appraisal records, witness testimony, injury photos, etc.;
✔️ Evidence of derailment: hotel opening records, chat records, call recordings, dashcam records, intimate photos, etc.
The key to separation:
Strong evidence (90%)
Arguments in court (5%)
Current Couple Relationship (3%)
Other uncertainties (2%)
⚠️Caution:
After the first lawsuit is not adjudicated or reconciled, the plaintiff is generally not allowed to apply again within 6 months without new circumstances and reasons.