1. If both parties divorce voluntarily, they can go to the marriage registration office for divorce registration by agreement, get a divorce certificate and dissolve the marriage relationship;
2. If one party is unwilling to divorce or cannot reach an agreement on property, children, etc. , you can bring a divorce lawsuit to the court of the other party's habitual residence. To sue for divorce, you should prepare divorce complaint, marriage certificate, household registration book, ID card, evidence that the relationship has indeed broken down, evidence of child support, evidence of property division, etc.
The specific procedures are as follows: 1. Procedures for divorce by agreement:
1. Both parties voluntarily divorced and reached an agreement on property division and child support.
Two, the two sides to the relevant marriage registration authority for divorce registration. Second, the divorce proceedings:
First, the party who wants to divorce should collect the evidence of the breakdown of the marriage relationship, write a complaint and file a lawsuit in the court where the other party is located.
Two, the court in the case that the relationship between husband and wife is broken and the mediation is invalid, the judgment allows both parties to divorce.
In mortgage to buy a house after marriage, the ways of divorce car loan are as follows:
1. In case of divorce by agreement, both parties shall go to the marriage registration office for divorce registration, and after a cooling-off period, apply for a divorce certificate;
2. If it is a divorce lawsuit, bring a lawsuit directly to the people's court. If the divorce is granted, the judgment will take effect and the marriage relationship will be dissolved.
How to divide the property by buying a house with a loan after marriage and divorce?
1. If the property belongs to both husband and wife, it shall be handled by both parties through consultation first;
2. If no agreement can be reached, the people's court shall make a judgment according to the specific circumstances of the property and in line with the principle of taking care of the rights and interests of the children, the woman and the innocent party;
3. If one party pays the down payment before marriage and repays the loan, the people's court may decide that the property belongs to the registered party, and the registered party shall compensate the other party.
To sum up, if a husband and wife have a mortgage after divorce, it generally belongs to the joint debt of the husband and wife, and how to repay it can be determined through consultation. Moreover, the personal salary before marriage and the property donated by parents are common personal property before marriage. Legal basis:
Article 1079 of the Civil Code
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.