How can I divorce in China while living abroad?
Time:2023-05-22 11:28:57Source:Click:次
In China, there are two channels to divorce, either by registration or by court litigation.
1. Divorce by registration
If both parties voluntarily divorce and have reached an agreement on the issues of child custody and support, split of property and debts, they may go to the marriage registration office to register divorce by signing a divorce agreement.
Divorce by registration is relatively easy compared to divorce by lawsuit, though it is not as fast as it used to be due to a 30-day cooling-off period from 2020.
However, if their marriage is not registered in China, or either party can not come to China to appear at the marriage registration office, they can not divorce under this registration procedure.
2. Divorce by litigation
If a couple can not divorce by registration, either party may file a divorce case with court. What if a party not living in China?
The first thing you need to know is whether you can file the case with a Chinese court. Suppose you are the party initiate the divorce case. If you live abroad, you needs to file the case to the court in the district/county where your spouse lives in China. If you live in China for more than one year, and your spouse lives abroad, you may file the case in the in the district/county where you lives in China.
In a divorce case, the court usually requires both party personally appears at court. However with the development of the IT industry, many of the court hearing could be held online. This offers great convenience for those who living abroad. Saving time and reducing their cost.
In general, foreign-related divorce cases are often more complicated than ordinary divorce cases in China. For example, documents from overseas will involve notarization and certification; for a foreign party, the court document service time will be relatively long; for document in foreign languages, it has to be translated into Chinese language.
For more questions, please contact David Gao, Attorney at Law
Tel: 13611158067
Email: gaohexin@163.com
