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What should I do if two people with non local household registration divorce？
Time:2025-09-01 Views:1431
1、 What should I do if two people with non local household registration divorce?
1. If both parties agree to divorce by agreement, it is not necessary to go to the Civil Affairs Bureau where the marriage certificate is issued to go through the divorce procedures, but can go to the registered residence of either party.
2. If the two parties do not agree to divorce, they need to sue for divorce in the basic court at the defendant's domicile (domicile refers to the place of registered residence, but if the habitual residence is different from the domicile, the habitual residence shall be the domicile, and the habitual residence refers to the place of residence for more than one year).
Legal basis: According to Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, in cases where one spouse has been away from their place of residence for more than one year and the other party files for divorce, the case shall be under the jurisdiction of the people's court of the plaintiff's place of residence.
If both spouses have been away from their place of residence for more than one year and one party sues for divorce, the case shall be under the jurisdiction of the People's Court of the defendant's habitual residence; If there is no habitual residence, the people's court of the plaintiff's place of residence at the time of filing the lawsuit shall have jurisdiction.
2、 How to handle the procedures for divorce by remote agreement?
Strictly speaking, couples in different places cannot apply for divorce by agreement. Because Article 5 of the Provisional Regulations on Marriage Registration stipulates that the jurisdiction of marriage registration shall be divided according to administrative regions.
1. The civil affairs departments of the people's governments of counties, cities not divided into districts, and districts shall handle the registration of marriages between mainland residents with permanent household registration of both parties or one party within their respective administrative regions.
Provincial people's governments may, based on actual circumstances, stipulate that township (town) people's governments handle marriage registration between two or one of the mainland residents with permanent household registration in the township (town).
2. The civil affairs department of the people's government at the provincial level or the civil affairs department designated by it shall handle the marriage registration of one party who has permanent residence in the area under its jurisdiction and who is a resident of Hong Kong, Macao and Taiwan, as well as overseas Chinese and overseas Chinese.
The authority responsible for registering marriages of residents in special areas such as economic and technological development zones and high-tech development zones shall be proposed by the civil affairs department of the provincial people's government and submitted to the same level people's government for confirmation. The marriage registration authority shall not handle marriage registration in violation of the above regulations. Therefore, if the household registration of both husband and wife is not in the same area, then going to the marriage registration agency where one party's household registration is located to handle the divorce procedures can be regarded as a remote agreement divorce. However, if the agreement divorce is handled in a region outside the household registration of both husband and wife, the relevant marriage registration agency will not accept the agreement divorce.
According to the law, both husband and wife must go to the marriage registration office in either party's registered residence to handle the divorce procedures. In addition, when handling the divorce registration, it is necessary to reach a consensus on the division of property and the division of child custody, and to handle it legally and reasonably on the basis of signing an agreement. Both parties should strictly abide by the relevant terms and provisions of the divorce agreement and implement them. If one party violates the content of the agreement, they can file a lawsuit.
3、 How to transfer a divorced household registration back?
If you marry into another province:
1. Take the marriage certificates of both parties, your husband's household registration book, your registered residence certificate, and go to the registered residence section of the local police station where your husband's household registration is located to tell him about the marriage and relocation, and he will issue a permit for you to move
2. Then go to the registered residence Section of the local police station where your household registration is located to apply for the removal permit
3. Go back to the police station where your husband is registered, bring the relocation permit, relocation certificate, marriage certificate, ID card, and photos (single, double, inch, 2-inch), and you can settle down.
If you move back to your hometown:
1. With your divorce certificate and written application, you can go back to your original registered residence and apply for a permit to move in. As long as the police station agrees that you can move in, there will be no problem.
2. The next step is simple. Take the permit to move out to your current registered residence.
3. Take the move out certificate and the third copy of the move in certificate, and you can go back to your hometown registered residence before your marriage.
The above is the relevant content collected by the editor of Fanneng Law Firm on what to do if two people with non local household registration divorce. We can understand that after divorce, household registration can be transferred back to the original area. At the same time, we can consult the relevant local departments for the required materials and procedures, and also refer to the above content. If you have any other questions, please feel free to consult a lawyer from Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.