{"id":2578,"date":"2022-01-02T16:03:00","date_gmt":"2022-01-02T08:03:00","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?p=2578"},"modified":"2026-03-08T20:25:18","modified_gmt":"2026-03-08T12:25:18","slug":"divorce","status":"publish","type":"post","link":"https:\/\/fdlaw.com.tw\/en\/blog\/divorce\/","title":{"rendered":"How to get a divorce? How is divorce done? Let a divorce lawyer tell you!"},"content":{"rendered":"
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In modern society, divorce is probably not a rare thing. The frequent occurrence of divorce is a common social reality in Taiwan, but "it is easy to get married, but difficult to divorce" because both parties may already have children by this time, and their property may have increased in a few years, so for children at this time Disputes often arise over whom to follow, who has custody, how to arrange follow-up meetings and interactions, and even how to distribute property, and ultimately have to be resolved in court.<\/p>\n\n\n\n

Especially since both parties have no choice but to choose divorce, it is obvious that the two parties have different views on many things, and the relationship between the two parties is not as good as before, and they have even become strangers or turned against each other. At this time, both parties need to negotiate the divorce conditions themselves and achieve a smooth divorce. , more substantial difficulties.<\/p>\n\n\n\n

What are the ways of divorce? How to go through divorce procedures?<\/h2><\/div><\/div><\/div>\n\n\n\n

Divorce procedures include the following<\/p>\n\n\n\n

1. Divorce by agreement<\/h3>\n\n\n\n

1. Legal provisions
(1) Article 1049 of the Civil Code (Divorce by Consensus)
If a couple wishes to divorce, they may divorce themselves. However, minors must obtain the consent of their legal representative.
(2) Article 1050 of the Civil Code (Requirements for Divorce)
Divorce between two parties must be in writing, signed by two or more witnesses, and the divorce must be registered with the household registration agency.
2.Description
Consensual divorce means that both spouses agree to divorce (also known as "agreed divorce"). After both parties reach an agreement, they negotiate various conditions for divorce, such as: distribution of marital property, ownership of children's parental rights (commonly known as "custody") and The agreement on children's visitation rights (also known as "the right to meet and interact"), etc., and prepare a divorce agreement (because the law requires it to be written), which states the consent of both parties for divorce, and there are two parties who are truly aware of the husband and wife's intention to divorce. If an adult witness is above the age of 10 (the signature of the witness cannot be requested after the fact, the divorce must be clearly understood by both parties), after the couple signs the divorce agreement, the couple will go to the household registration office to register the divorce together, and the divorce will become legally effective.<\/p>\n\n\n\n

If both parties can negotiate the divorce conditions peacefully, then of course choosing "divorce by agreement" is the fastest way to end the marriage. At this time, both parties only need to draft a "divorce agreement" in writing and find two witnesses to sign the divorce agreement. In the witness column above, of course, the two witnesses must personally witness the true intention of both parties to divorce, instead of just signing or sealing the divorce agreement. Especially nowadays, there is a kind of divorce witness that is often seen in the market or on the Internet. You just need to send the divorce agreement, and they will have two people sign or stamp it in the witness box and send it back to you. However, this is not in compliance with the law and the divorce will be invalid. From our own experience, we have actually handled something similar. In this way, the court will rule that the divorce is invalid. Therefore, if you want a divorce, don't just find two people to sign or seal it just because you want to save costs or for convenience. This may cause problems in the future and the gain may not be worth the loss. Of course, after the divorce agreement has been signed, both parties only need to bring the divorce agreement, ID cards, household registers, seals and other related documents and items, and then go to the household registration office to register for divorce together (witnesses do not need to go together, and Now any household registration office can handle divorce registration, not limited to the household registration office in the place of household registration), then the divorce process by agreement is complete!<\/p>\n\n\n\n

There is no certain standard format for a divorce agreement, but in addition to stating that both parties agree to divorce, there are often many issues to be dealt with, such as: the ownership of the child\u2019s parental rights (custody), the amount and method of payment of support, and meetings and interactions. The time and method of exercising rights (visitation rights), and how the marital property is distributed.<\/p>\n\n\n\n

Since the situations of each party who agree to divorce are different, they should make an agreement and write a divorce agreement based on their own conditions and needs, or hire a professional divorce lawyer to assist in drafting a divorce agreement to avoid affecting the rights and interests of themselves and their minor children.<\/p>\n\n\n\n

In addition, the advantage of consulting or requesting the assistance of a professional divorce lawyer to reach an agreement with the other party is that because professional divorce lawyers have professional legal knowledge and rich handling experience, they can try their best to obtain the maximum rights and interests for you regarding the divorce conditions, and can directly assist you. Write the contents of the divorce agreement. And because a divorce lawyer can negotiate with the other party on your behalf, you don\u2019t have to communicate directly with the other party, which reduces your psychological burden. The divorce lawyer will also do their best to analyze the interests of the other party and try their best to make the other party accept the results of the divorce and divorce. conditions of.<\/p>\n\n\n\n

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2. Divorce through court mediation<\/h3>\n\n\n\n

If you want to get a divorce, in addition to the two more commonly heard methods of "divorce by agreement" and "divorce by referee", there is actually another method in between, which may sometimes be a better choice. That is "mediation divorce".<\/p>\n\n\n\n

The advantage of this system is that on the one hand, the family mediation committee members of the court are usually quite experienced, so they are often better able to understand the issues of both parties and assist in consultations than ordinary people do when negotiating divorce cases on their own. On the other hand, Since the mediator is in the position of a neutral third party and has no interest in either party, the parties tend to trust the mediation committee\u2019s explanations and suggestions, because if they are discussing divorce alone with the other party\u2019s lawyer, there is usually no The party that hires a lawyer will often not believe what the lawyer hired by the other party says. After all, it will still think that the lawyer is hired by the other party, so it will definitely be more biased towards the other party. However, if it is mediated by a mediation committee in the court, there will often be no such thing. concerns in this regard.\u200b<\/p>\n\n\n\n

In fact, divorce cases are classified as "compulsory mediation" cases according to law. Therefore, when parties file a divorce lawsuit, they must first go through the mediation process. If mediation fails, the litigation process will be heard and tried by a judge.<\/p>\n\n\n\n

The mediation transcript is as effective as the judgment after it is made, and once the mediation transcript is signed by both parties, it has become effective. After receiving the written mediation transcript from the court, you only need to go to the household registration office again for registration, and You don\u2019t need to go with the other party to register. You can register alone.<\/p>\n\n\n\n

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3. Judgment of Divorce (Divorce by Judgment, Divorce by Litigation)<\/h3>\n\n\n\n

When one party insists on refusing to divorce, or the two parties cannot reach a consensus on the conditions for divorce, they can only petition the court for a divorce.<\/p>\n\n\n\n

Grounds and reasons for judging divorce (Article 1052 of the Civil Code)
If one spouse has any of the following circumstances, the other spouse may apply to the court for divorce:
(1) Bigamy.
(2) Adultery.
(3) One spouse is abused by the other spouse and is unfit to live together.
(4) One spouse abuses the other's immediate relatives, or is abused by the other's immediate relatives, making it unbearable to live together.
(5) One spouse maliciously abandons the other in a continuing state.
(6) One spouse intends to kill the other.
(7) Those with incurable diseases.
(8) Having serious and incurable mental illness.
(9) Persons whose life or death has been unknown for more than three years.
(10) Persons sentenced to more than three years in prison or sentenced to imprisonment for dishonorable crimes.
If there are major reasons other than those mentioned in the preceding paragraph that make it difficult to maintain the marriage, one of the spouses may apply for divorce. However, if one of the spouses is responsible for the cause, only the other party may apply for divorce.<\/p>\n\n\n\n

In order for the court to decide for divorce, at least one of the provisions of Article 1052, Paragraph 1 or 2 of the Civil Code must be met. If the judge cannot be convinced that the legal requirements have been met, then even if a request for divorce is made to the court, there is still a possibility of divorce. may be rejected by the court.<\/p>\n\n\n\n

\u2605Explanation of "There are major reasons why the marriage is difficult to maintain"
If there are any obstacles to the happiness of family life, it can be considered to be equivalent to this so-called major reason why it is difficult to maintain a marriage. As for whether there are major reasons that make it difficult to maintain the marriage, the criterion is whether the marriage has broken down and there is no hope of recovery. This cannot be determined solely from the subjective aspect that the plaintiff has lost the intention to maintain the marriage, but should be based on the objective standard, that is, it is difficult to maintain the marriage. The fact of maintaining a marriage is determined by whether it has reached a point where either person would lose hope of maintaining the marriage if they were in the same situation.<\/p>\n\n\n\n

\u2605Long-term separation between husband and wife may also be grounds for filing for divorce.
The reason why a husband and wife are called husband and wife is nothing more than that they support each other and share weal and woe through the marriage relationship; trust and understanding are the foundation, and love follows each other. Because the couple insists on their own opinions, they live separately in two places for a long time, each makes a living, and they have not lived together for a long time. As a result, they are emotionally alienated and ignore each other. They have become strangers as far as the eye can see, and they cannot achieve the purpose of their actual marital life. If it is said that this The marriage has not broken down and the relationship between husband and wife can still be maintained. To exclude the party who is not at fault or has a lesser or equivalent degree of fault from filing for divorce is contrary to the principles of husband and wife and is obviously contrary to the rules of thumb.<\/p>\n\n\n\n

In Taiwan, although the law does not stipulate how long couples have been separated, they can definitely file for divorce. However, in legal practice, many courts now believe that if both spouses insist on living separately in two places for a long time and living their own lives, If they do not greet each other normally and are worse than passers-by, it can be considered that the marriage relationship between the two parties has suffered a major flaw. As long as the party is not the more at fault, then you can still file for divorce in accordance with the provisions of Article 1052, Paragraph 2 of the Civil Code. .<\/p>\n\n\n\n

<\/p>\n\n\n\n

\u2605How long do divorce proceedings usually take?
People often ask: "How long does a divorce lawsuit usually take?" This question is really difficult to answer, because the situation of each case may be different. The following is only an explanation of the situation handled by general courts:
(1) Submit a divorce complaint to the court for mediation procedures:
Usually it will take about one to two months to notify you to go through the "mediation process."
(2) "Mediation Procedure" in which the mediation committee conducts mediation
Usually there will be two to three mediations (of course there may be more times, but that will be when everyone is likely to reach a consensus), and the mediation process will usually be completed within about four months at most.
(3) "Proceedings" heard by a judge
If the mediation between the two parties still fails, then the judge will issue a separate court hearing notice to conduct the "litigation procedure" of the trial. Usually, there will be about four or five court sessions (of course, individual cases may have more or less, this is not necessarily the case), etc. After the judge believes that the investigation has been completed and a verdict can be issued, he will set a date for the verdict at the last court session. The court hearing usually takes about once a month. As for how long it will take in total, it really depends on the individual case. Generally, Generally speaking, it is very common to take about half a year to a year.<\/p>\n\n\n\n

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4. Divorce by preparing a settlement record in court<\/h3>\n\n\n\n

The last option for divorce is that the parties no longer refer them to the mediation committee, but directly reach a consensus on settlement themselves. During the litigation process, they can also directly indicate to the judge that both parties are willing to reconcile and hope to make a settlement record, which is the so-called "Amicable Divorce".<\/p>\n\n\n\n

In practice, it is more often the case that the two parties were fighting to the death, but after a long litigation process and the judge repeatedly persuaded and acted as a peacemaker, the two parties slowly resolved their differences, or each took a step back and no longer insisted on their own opinions. In the end, both parties settled Reach a consensus on settlement and prepare a settlement record.<\/p>\n\n\n\n

Moreover, once the court makes a settlement record, the effect is actually the same as the mediation record. The settlement record also has the same effect as the judgment, and can achieve the effect of divorce.<\/p>\n\n\n\n

\ud83d\udca1 Frequently Asked Questions about Divorce Procedures and Agreements (Professional Answers from Fidelity Lawyers)<\/h2>\n\n\n\n

Many residents of Taipei, New Taipei, and Taoyuan often have misconceptions about divorce procedures when facing marital problems. The following information, provided by the professional legal team at Fidelity Law Firm, dispels common misconceptions:<\/p>\n\n\n\n

Q1: Can divorce witnesses be found online at will, or can they be paid to sign on their behalf?<\/h3>\n\n\n\n

A: Absolutely not, that would render the divorce invalid!<\/strong> Many people purchase divorce witness services online for convenience or to avoid informing relatives and friends. However, according to Article 1050 of the Civil Code, a divorce by mutual consent requires the signatures of "two or more witnesses". \ud83d\udc68\u200d\u2696\ufe0f Legal Practice Insights:<\/strong> Taiwan's Supreme Court (as seen in Case No. 3792 of 1979) strictly requires witnesses to "personally witness or hear" that both parties genuinely intend to divorce. If a witness has not confirmed their intention to divorce with you and simply signed blindly, and later either party regrets the decision and files a lawsuit to "declare the divorce invalid," the court will almost certainly rule the divorce invalid. The safest approach is to appoint a professional lawyer as a witness.<\/p>\n\n\n\n

Q2: We have already signed the divorce agreement, does that mean we are single now?<\/h3>\n\n\n\n

A: No, there's one last step: "household registration"!<\/strong> Taiwan's current marriage system adopts a "registration-based" system. This is based on Article 1050 of the Civil Code.The regulations stipulate that, in addition to a written agreement and the signatures of two witnesses, a divorce by mutual consent must also be based on a written agreement.<\/strong>The divorce only becomes legally effective upon "registration with the household registration office." In other words, no matter how detailed your agreement is or how neatly you sign it, as long as you haven't gone to the household registration office together to complete the registration procedures, you are still legally married.<\/p>\n\n\n\n

Q3: What should I do if my spouse absolutely refuses to sign the divorce papers? Can I unilaterally get a divorce?<\/h3>\n\n\n\n

A: Yes, you can file for a "divorce by judgment" with the court.<\/strong> If the two parties cannot reach a consensus on divorce, you do not need to be trapped in a broken marriage forever. As long as the other party meets the conditions stipulated in Article 1052, Paragraph 1 of the Civil Code...The "ten legal grounds" (e.g., adultery, domestic violence, malicious abandonment, etc.), or those that meet the criteria<\/strong>If, under item 2, there are "serious reasons other than those mentioned above that make it difficult to maintain the marriage" (such as the couple having been separated for many years and being like strangers, or the marriage showing significant flaws), you can appoint a lawyer to file a divorce lawsuit in the local district court (such as Taipei, New Taipei, or Taoyuan) and have the judge grant the divorce.<\/p>\n\n\n\n

Q4: Can I just download a template for a divorce agreement online and write it myself, or do I need to hire a lawyer?<\/h3>\n\n\n\n

A: If it involves "minor children" or "property distribution", it is strongly recommended that a lawyer draft the document.<\/strong> Free online divorce agreement templates are often too rudimentary, only providing the most basic format. In practice, Fidelity Law Firm has handled numerous cases where self-written agreements led to problems, such as omitting specific times and places for visitation rights, failing to include an enforcement clause for unpaid alimony, or forgetting to include the waiver of the right to claim remaining assets. To avoid further legal battles over money and children after a divorce, hiring a lawyer to craft a flawless, tailor-made agreement is the best investment to protect yourself.<\/p>\n\n\n\n