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Does the Civil Affairs Bureau of Zheng 'an County, Zunyi City, Guizhou Province go to work on Sunday?
Conditions for divorce:
1. Both parties must be persons with full capacity for civil conduct and have legal marital status;
2. Both parties must have an agreement on divorce, that is, the two people voluntarily agree to divorce;
3. Divorce by agreement must properly handle the division of joint property of husband and wife;
4. When divorcing by agreement, both parties must make proper arrangements for raising their children;
5. The divorce agreement shall not violate the public order and good customs and the mandatory provisions of the law.
Divorce procedures by agreement:
1. Application: Both husband and wife who apply for voluntary divorce shall jointly file a divorce application with the marriage registration office where one of them has his permanent residence;
2. Preliminary examination: If the documents submitted by both husband and wife after the preliminary examination are correct, the marriage registrar will issue a "Receipt of Acceptance of Divorce Registration Application". Those who do not meet the conditions for divorce registration will not be accepted;
3. Cooling-off period for divorce: After applying for divorce, there will be a cooling-off period of 30 days. Within 30 days, if either party doesn't want to divorce, it can withdraw its application for divorce registration from the marriage registration office that accepted the application for divorce registration with its valid identity certificate and the Receipt for Acceptance of Divorce Registration, and fill out the Application for Withdrawal of Divorce Registration. After verification, the marriage registrar will issue a confirmation form to withdraw the divorce registration application. At this point, the divorce failed;
4. Joint application for obtaining a certificate: After the expiration of the 30-day cooling-off period, if both parties have not withdrawn their applications, they can jointly obtain a divorce certificate at this time. During the 30-day license period, if both parties have not repented or forgotten to get the license, they will apply for a divorce certificate at the marriage registration office together, then the next review is needed;
5. review;
During the review, both parties shall submit the following documents and supporting materials:
(1) valid ID card;
(2) marriage certificate and household registration book;
(3) divorce agreement;
(4) Each person has two 2-inch single recent half-length bareheaded photos.
6. Proof: If the provisions of Articles 58 to 60 of the Marriage Registration Law are met after examination, the divorce shall be registered and a divorce certificate shall be issued.
To sum up, after the people's court ruled that divorce was not allowed, if both parties separated for one year and one party filed a divorce lawsuit again, divorce should be granted.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC)
If one of the spouses requests a divorce, the relevant organizations 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 should 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 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. Article 1049
Both men and women who want to get married should apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.
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