What to prepare for divorce? Do you need witnesses for divorce?

Do both parties have to be present for a divorce? It mainly depends on the way of divorce. If it is a divorce by agreement , in principle, both parties must be present! However, there are three main ways of divorce in our country. Some of them can register for divorce as long as they go to the household registration unit. For example, after the divorce is judged by the court, they only need to bring the judgment and other documents to the scene for registration, and both parties do not need to attend. As for the best way to divorce, it mainly depends on whether the couple can reach a consensus on the divorce. And this article will give you a brief introduction to the three procedures of divorce, how to complete them, and the advantages and disadvantages.

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1. Do both parties need to be present for "divorce by agreement"?

Divorce by agreement must be registered with the household registration unit together! The steps are to complete the divorce agreement together after reaching a consensus on their own, and find two or more witnesses to confirm and sign the divorce . Finally, both husband and wife go to the household registration unit to complete the registration formalities and it will take effect. There is no need for any reason for divorce. There are three divorce procedures. in the easiest way.

Because it is a self-agreement, you must pay special attention to the content of the agreement, which will affect future rights and interests, such as whether there is an agreement on how to distribute property , whether or not to pay alimony in one lump sum, etc. What is more complicated is the issue of children's visits. Although it can be visited from time to time, it will eventually go to court for this. On the other hand, because the content of the agreement has not been notarized, it will often have to be reviewed by the court to enforce it in the future, which means that it takes time and effort to file a lawsuit first. Divorce", let the mediation committee do notarization.

Pros and cons of divorce by agreement

• Simple, convenient and fast procedure
• The content of the agreement is less effective
• Lack of professional attention to detail

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2. Precautions for "Mediated Divorce"!

If you can’t reach a divorce and don’t want to file a lawsuit, applying for a mediation divorce is also a good way, because many people can’t reach a consensus because they are too worried because they don’t know the law, and there is no impartial third party to mediate the mediation. Divorce mediation just makes up for it to this point! In addition, mediation for divorce has another advantage. After the mediation committee intervenes, it will naturally explain the impossible conditions, and record the content of the divorce agreement as a "mediation record" . Compared with the divorce agreement , this record is more It is more legally enforceable. If the other party does not comply with the mediation content in the future, you can directly enforce it without having to file a new lawsuit.

However, although after applying for mediation for divorce, a relatively neutral mediation committee will intervene in coordination and help clarify misunderstandings about the law, but after all, it is not absolutely neutral, and one’s own rights and interests must still be actively fought for. This is why many people bring Go to a lawyer , after all, the legal effect of the mediation record is close to that of a judgment. Once it is determined, it will be very difficult to turn it over.

Steps to Mediation for Divorce

1. The husband and wife go to the court together for mediation and reach a consensus under the auspices of the mediation committee
2. The court will make a mediation record, which has nearly the same effect as a court decision
3. Both parties can take the mediation record and go to the household registration unit for registration in person.

Pros and cons of mediating divorce

• Can be hosted by a more impartial third party
• Better to avoid one party being deceived
• Lengthy lawsuits can be avoided
• The mediation record has the effect close to the judgment

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2. Procedures for "Judgment for Divorce"

If you choose to refer to the divorce , after obtaining the judgment of divorce, both parties can register with the household registration unit with the judgment letter, and they do not need to attend the registration together. Usually a divorce lawsuit is a last resort, but even if a divorce lawsuit is to be filed, the court will still take the initiative to arrange a "mediation procedure", which is the mediation divorce just introduced.

The procedure for judging divorce must be that either party writes a complaint to accuse the other party of faults in the marriage. After the court accepts the case, a mediation court will be held. If the mediation fails, the court will enter the litigation process. Both parties are invited to attend the court session, and both parties and lawyers provide evidence and After the explanation and oral debate, the judge will make a comprehensive consideration and make various rulings such as whether it is possible to divorce. Among them, issues such as guardianship , alimony , and property distribution may be combined for trial, but this needs to be proposed by the parties, and the judgment fee will be determined. The content of the review is subject to change.

Pros and cons of adjudicating divorce

• Statutory divorce requirements are required
• Litigation usually lasts more than a year
• Judgment results are uncertain and mandatory

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Zhibang Law Firm cooperates with professional lawyers in divorce consultation , affair claims , child custody , investigation and evidence collection , and criminal defense , and is committed to helping people overcome difficulties.