If one or both husband and wife are out of town, how to handle divorce?

Can people who live or work in different places divorce because of emotional discord and long-term residence in other places? After all, the time cost of going home is too high. How to handle the divorce formalities in different places?

Divorce by agreement in the place of registered permanent residence

According to China's marriage law, divorce registration should be handled at the place where the registered permanent residence is located. If both parties agree to divorce, according to Article 14 of the regulations on the administration of marriage registration, both parties must apply for divorce registration in person at the marriage registration administration organ in the place where one party's registered permanent residence is located;

Long distance divorce: one or both husband and wife are out of town

Remote litigation divorce

You can only sue for divorce. If the divorce through agreement fails and a lawsuit is brought to the people's court for divorce, according to Article 21 of the civil procedure law, a lawsuit shall be brought to the people's court in the place where the defendant has his domicile. If the defendant's domicile and habitual residence are inconsistent, a lawsuit shall be brought to the people's court in the place where the defendant has his habitual residence.

A case in which one of the husband and wife has left the place of residence for more than one year and the other party sues for divorce shall be under the jurisdiction of the people's court in the place where the plaintiff has his domicile; A case in which both husband and wife have left their domicile for more than one year and one party files a lawsuit for divorce shall be under the jurisdiction of the people's Court of the defendant's habitual residence; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff resides at the time of bringing a lawsuit.

Long distance divorce: one or both husband and wife are out of town

What is the place of residence and residence? Domicile refers to the location of a registered residence of a citizen. The term "habitual residence" refers to the place where a citizen has lived continuously for more than one year from the place where he left his residence to the time of prosecution. For example, if you have been working in Guangzhou, you can sue for divorce in Guangzhou. Except where citizens are hospitalized.

How to prove one year residence? Registered residence permit, residence permit, labor contract or rental contract can be proved through household registration.

Must divorce be handled in person? Divorce by agreement requires both men and women to be present in person to know whether it is their will. To sue for divorce, you must be present in person to determine whether the two sides have really broken their relationship and may also involve the upbringing of children, so you generally have to appear in court in person. However, a few local courts have launched the Internet case handling method for the convenience of the people, and can also handle simple divorce litigation cases.

Long distance divorce: one or both husband and wife are out of town

What about the woman's registered permanent residence after divorce? What about the woman's registered permanent residence after divorce? At the time of marriage, the registered permanent residence was moved to the man's house, and the woman has been working in other places and has no own house. After divorce, does the woman's registered permanent residence have to find a place to settle down? In case of divorce, the court will not make a judgment on the issue of household registration. When some people agree to divorce, one party will make a request for their registered permanent residence. Generally, they move out within a time limit, otherwise they may be liable for breach of contract because they do not move out on time. It was mentioned in the news before that the man asked the woman for "account affiliation fee" because the woman's account did not move out.

Long distance divorce: one or both husband and wife are out of town

Consultation: if the man went out to work for two years and didn't return, how can the woman go through the divorce procedure? Can you divorce automatically?

According to the provisions of the current marriage law, the law does not recognize automatic divorce. Separation for two years is only one of the factors for the court to measure whether the relationship between husband and wife is broken when hearing divorce cases. There are two main ways to dissolve marriage: one is divorce by agreement, the other is divorce by litigation. If the man has worked abroad for two years and has not returned, the woman may bring a lawsuit to the people's Court of the place where the man has his domicile. If the place of domicile and habitual residence are inconsistent, she shall bring a lawsuit to the people's Court of the place where he has his domicile. That is to say, if the woman wants to divorce, she should contact the man to register for divorce with her registered residence, or to divorce the court in the people's court where he works, so as to legally terminate the marriage relationship.

Consultation: after divorce, the woman refuses to move out of her registered permanent residence and can't be contacted. Can she apply for the court to enforce the move out? The problem of registered residence migration is handled by the public security organ, and the parties have the choice of registered residence. The parties can not apply for compulsory registration procedures for the people's court.