The process and procedure of divorce in Zhuhai

The procedures and procedures for divorce in Zhuhai are as follows:

1. Divorce by agreement.

After reaching a divorce agreement through consultation, both husband and wife can go through the divorce formalities at the civil affairs bureau where the household registration is located.

2. Litigation divorce

If one or both spouses do not agree to divorce, they need to file a divorce lawsuit in the local court. The procedure of litigation divorce needs to be determined according to the specific circumstances, and it is usually divided into the following steps:

(1) Application for divorce: one or both parties apply for divorce to the local court.

(2) Filing a case: After the examination meets the requirements, the court files a case and issues litigation materials.

(3) Mediation: The court will arrange personnel to mediate, and try to urge both parties to reach a settlement agreement through coordination.

(4) trial. If a settlement agreement cannot be reached, a trial will be held, both parties will make oral statements in court, and the judge will make a ruling according to law.

3. Divorce procedures.

No matter divorce by agreement or litigation, you need to go through the divorce formalities at the civil affairs bureau where your household registration is located. You need to bring the following materials:

(1) copy of divorce agreement or judgment;

(2) The original and photocopy of the marriage certificate;

(3) Divorced parties who have given birth to children also need to provide birth certificates and household registration books.

The above is the general process and procedure of divorce in Zhuhai. Different situations may require different materials and procedures, and the specific requirements need to be determined according to local specific regulations.

Divorce has the following legal characteristics:

First, the dissolution of marriage is based on the existence of legal marriage. Divorce is the dissolution of legal and valid marriage relationship, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Men and women who do not meet the conditions for marriage and ask for "divorce" after marriage shall not be treated as divorce.

Second, the subject of dissolution of marriage is both parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity abuses or abandons the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures. If the changed guardian brings a divorce lawsuit on behalf of a person without civil capacity, the people's court shall accept it.

Third, the dissolution of marriage should meet the statutory divorce conditions and procedures. A divorce agreement reached by both parties to a marriage, or a divorce agreement reached under the auspices of the unit, mass organization, residents' (villagers') committee, grass-roots mediation organization and other relevant departments of both parties to a marriage, does not have the legal effect of divorce. The parties need to go through the divorce formalities in accordance with legal procedures, otherwise the legal effect of divorce will not occur.

Fourth, the dissolution of marriage will have a series of legal consequences of divorce. The termination of marriage will lead to a series of consequences, such as the elimination of husband and wife's personal relationship, the liquidation of property, the change of children's rearing methods, and the settlement of debts.

To sum up, it is very important to choose a suitable lawyer in divorce proceedings in Zhuhai, so as to ensure that lawyers have experience in handling divorce cases and understand local laws and procedures. An experienced, good at communication, reasonable in fees and highly recommended lawyer will certainly provide you with the best legal representation service.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1076

If the husband and wife voluntarily divorce, 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

Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, 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.

Marriage registration ordinance

Article 10

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. China citizens and foreigners voluntarily divorce in China Mainland, while mainland residents and Hong Kong residents, Macao residents, Taiwan Province residents and overseas Chinese voluntarily divorce in China Mainland. Both men and women should register for divorce at the marriage registration office where the permanent residence of mainland residents is located.