Legal analysis: After divorce, the child’s name needs to be changed by both parents and then go to the household registration authority to handle it. People under the age of 18 need to apply to the registration authority for registration change of their household registration by themselves or their parents or adopters; if they are over 18 years old, they must apply for registration change by themselves or their parents or adopters. The name can be changed after approval.
Legal basis: "The People's Republic of China and the Civil Code"
Article 1,076 If both spouses voluntarily divorce, they shall sign a written divorce agreement and attend the divorce in person. Apply to the marriage registration authority for divorce registration.
The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.
Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Domestic violence committed Or abuse or abandon family members;
(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;
(4) Separated for more than two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.