Customer Cases
Can we divorce after tearing apart two marriage certificates
Time:2025-09-01 Views:1315
1
After tearing up two marriage certificates, you can apply for a new one and choose to divorce by agreement or sue for divorce. When applying for a new marriage certificate, both parties need to bring their ID cards and household registration books to the marriage registration office where their household registration is located to check their files and apply for a new marriage certificate.
According to Article 1076 of the Civil Code of the People's Republic of China, if both spouses voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority. The divorce agreement shall state the voluntary intention of both parties to divorce and the consensus reached through negotiation on matters such as child custody, property, and debt management.
II
When filing a divorce lawsuit in court, the following necessary materials should be provided:
1. Two copies of the indictment;
2. Copy of marriage certificate;
3. Copy of ID card;
4. Proof of marital relationship (marriage certificate, registered residence or certificate of unit, neighborhood committee, village committee);
5. Facts or evidence regarding marital relationships and reasons for divorce. If the defendant's whereabouts are unknown, proof of the time and circumstances of the disappearance should be provided;
6. Proof of the child's situation, including the child's name, gender, date of birth, living conditions, etc., as well as explanations and relevant certificates of stepchildren or adopted children born in or out of wedlock;
7. Family property inventory and proof of creditor's rights and debts. If the property has been transferred, relevant evidence of the transfer location should be provided;
8. Proof materials such as economic income, bank deposits, equity, stocks, and unit fundraising certificates from both parties;
9. Proof of housing situation;
10. If one party requests to raise their children on the grounds of being unable to have children again, they should provide proof materials from the hospital;
11. For those who have previously filed a divorce lawsuit, they should provide court documents such as the original judgment, ruling, or mediation agreement. For cases of domestic violence and the other party's fault, corresponding evidence should also be provided, such as hospital cases, neighborhood committee or 110 police records, neighbor testimony, audio and video recordings, text messages, etc.
III
The divorce lawsuit can be concluded in at least three months.
The trial period of the court: for civil cases of first instance that are tried through ordinary procedures, the period is six months; If there are special circumstances that require an extension, with the approval of the president of this court, it can be extended for six months. If an extension is still needed, it should be submitted to the higher-level people's court for approval, and it can be extended for another three months. Fanneng Law Firm reminds that the trial period for appeals against civil judgments is three months; If there are special circumstances that require an extension, with the approval of the dean of this institution, it can be extended for three months. Sichuan Faneng Law Firm is dedicated to serving you.