Both husband and wife are active soldiers: if they are willing to divorce or one party asks for divorce, they must first conduct military mediation, and after obtaining relevant certificates, they can go to the court for divorce agreement or go to the court for divorce as usual; One of the husband and wife is an active soldier: meet the divorce conditions stipulated in the Marriage Law, and with the consent of the other party, the political organ can issue a certificate of consent to divorce, and the two parties go to the local marriage registration administration organ for divorce registration.
(1) Both husband and wife are active military personnel
The leadership of the unit to which the parties belong or the political organ shall conduct mediation;
If mediation fails and the conditions for divorce stipulated in the Marriage Law are met, the political organ may issue a certificate before applying for divorce to the marriage registration organ or filing divorce proceedings with the court.
That is to say, in the case of both husband and wife are active soldiers, voluntary divorce or one party requires divorce, must first conduct military mediation, after obtaining relevant certificates can be the same as the ordinary procedure, go to the court agreement divorce or go to the court to divorce.
One of the spouses is an active soldier
The leadership of the political organ of the military unit to which the soldier belongs shall conduct mediation according to the circumstances, meet the divorce conditions stipulated in the Marriage Law, and with the consent of the other party, the political organ may issue a certificate of consent to the divorce of the active soldier, and the two parties shall register their divorce at the local marriage registration and administration organ.
If one soldier insists on divorce and the other party firmly disagrees with the divorce, the military may consult the other party's unit or local relevant departments for mediation. If mediation fails, the political organ shall issue a certificate of mediation status and the parties shall file a divorce lawsuit with the court.
Legal basis:
Article 33 of the Marriage Law of the People's Republic of China
If the spouse of an active soldier requests a divorce, the soldier's consent must be obtained, except where there is a major fault on the part of the soldier.