What should I do if I really want a divorce?

As we all know, the divorce rate in today's society is very high. Many couples often talk about divorce, but they may not really want to divorce. They just use divorce to threaten each other and ask the other party to correct some bad habits. Here we remind all couples that if you really don’t want to divorce, it is best not to mention these two words. If you really want to divorce, you must take the right approach. The correct way to divorce is as follows.

What should I do if I really want a divorce?

There are two ways to choose from for divorce. When both parties agree to divorce, they can agree on a divorce. The content of the agreement mainly requires the disposal of the couple's common property, the distribution of child custody, and some agreed contents. Then, you can take the agreement, identity certificate, and marriage certificate to the local Civil Affairs Bureau to go through the divorce procedures. It is quick, convenient and simple. If one or both parties do not want to divorce, or if both parties are willing to divorce but cannot reach an agreement on property issues or child custody and there is a dispute, then they can only choose divorce litigation. The characteristics of divorce by litigation are that the procedures are complicated and time-consuming. The first litigation may not result in a divorce, and a second litigation is required.

If one spouse does not agree to divorce, the other spouse can only resolve the issue through litigation. Prepare the relevant materials and file a lawsuit in the court at the defendant's place of residence or habitual residence.

The statutory condition for divorce is that one of the man and woman requests a divorce, which can be mediated by the relevant departments or directly filed for divorce with the People's Court. When a people's court hears a divorce case, it shall conduct mediation. If the relationship has indeed broken down and mediation is ineffective, the divorce shall be granted. If mediation is ineffective under any of the following circumstances, divorce should be granted: (1) bigamy or cohabitation with another person by a married person; (2) domestic violence or abuse or abandonment of family members; (3) gambling, drug abuse and other bad habits that cannot be corrected despite repeated admonition; (4) separation for two years due to emotional discord; (5) other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party files for divorce, the divorce should be granted.

Divorce can be agreed upon, and if both parties are willing to divorce, divorce will be granted. Both parties must go to the marriage registration authority to apply for divorce. When the marriage registration authority finds that both parties are indeed willing and have properly dealt with the issues of children and property, a divorce certificate will be issued.