Where does Jiashan divorce go?

Divorce by agreement shall be handled at the Civil Affairs Bureau where one party's household registration is located. The competent authority for divorce by agreement is the civil affairs department. The specific marriage registration authority, in the city, is a municipal district, a sub-district office of a city not divided into districts or the civil affairs department of the Municipal People's Government; In rural areas, it is the people's governments of townships, nationality townships and towns. In the marriage registration office, people with marriage registration administrator certificates are engaged in divorce registration by agreement.

What are the two ways of divorce?

1. Divorce by agreement refers to the legal act that both husband and wife agree to dissolve the marriage relationship according to law. According to article 3 1 of the Marriage Law, if a man and a woman divorce voluntarily, they must apply for divorce registration at the marriage registration office. After formal examination and substantive examination, the marriage registration authority confirms that both parties have voluntarily and properly handled the children and property issues, and shall register for divorce and issue a divorce certificate. The conditions for the marriage registration office to accept the application for divorce registration are: the marriage registration office has jurisdiction; Both husband and wife who want to divorce apply to the marriage registry together; Both parties have full capacity for civil conduct; The parties hold a divorce agreement, which contains the expression of the divorce will of both parties and the consensus on matters such as child support, property and debt handling; The party concerned holds a marriage certificate issued by the mainland marriage registration authority or the embassy (consulate) of China.

2. Litigation divorce refers to a legal system in which the husband and wife can't reach an agreement on divorce, child support or property division after divorce, and one party files a lawsuit against the people, and the people's court conducts mediation or decides to dissolve the marriage relationship after hearing it according to the litigation procedure. According to the relevant judicial interpretation, mediation does not apply to marriage and identity confirmation cases; However, if it involves property division and child support, mediation can be carried out. If an agreement is reached through mediation, a mediation agreement shall be made separately.

legal ground

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.