First. couple are both Chinese, and one of them is abroad
1) The court of jurisdiction is the people’s court in the place where one of the Chinese citizens is domiciled, whose spouse is domiciled in China, no matter which party brings a divorce lawsuit to the people. 2) the court of jurisdiction is the people’s court in the place where one party is domiciled in China.
There are two ways of divorce: agreement divorce and litigation divorce. For divorce by agreement, it is necessary for both parties to attend the divorce registration in person to determine the dissolution of the marriage relationship. Therefore, it is relatively easy for one party to come back for divorce, but if one party can’t go back for divorce in person, it must be handled through litigation. That is to say, if one party can’t return to China, whether the two parties agree to divorce or not, they must file a divorce lawsuit with the court. A foreign party may entrust its lawyer in China to appear in court as an agent, but it must provide complete written materials in line with the requirements of laws and regulations. These written materials include power of attorney, divorce opinion, valid proof of the identity of the parties, etc. the power of attorney and divorce opinion must be notarized by the local notary office, certified by our embassy or consulate abroad, or directly notarized by our embassy or consulate abroad. Divorce opinions include written opinions on agreeing or disagreeing with divorce, and written handling opinions on property division, child support, etc. After notarization, the materials shall be handed over to the entrusted agent of the domestic party. The client can appear in court on behalf of the client, give legal opinions, participate in court debates, and receive legal litigation documents with his own identity card or lawyer’s card (represented by a lawyer).
Second. both husband and wife are Chinese, but both are overseas
1) If both parties of the competent court are abroad but have not settled down, one party shall file a lawsuit for divorce with the people’s court, which shall be under the jurisdiction of the people’s Court of the place where the plaintiff or the defendant originally has his domicile. Where both parties have settled abroad, they may return home to apply to the original marriage registration authority for divorce procedures; if litigation procedures are adopted, they shall return home to file divorce proceedings with the people’s Court of the original marriage registration place.
2) If the Chinese citizens residing abroad of both husband and wife require to go through divorce procedures in China, if both parties have no dispute on the division of divorce property, child support and other issues, they can go back to China to apply for divorce procedures with the original marriage registration authority; if there is any dispute on the above, they need to go back to China and file a lawsuit with the people’s Court of the original residence of the plaintiff or defendant, or the original marriage registration place Divorce proceedings. If both parties are unable to return to China due to special circumstances, they can handle authorization and entrust domestic relatives, friends or lawyers as agents to handle divorce proceedings, and submit written opinions to the people’s court in China, which will hear the case. The power of attorney and divorce opinion shall be notarized by the local notary office, certified by our embassy abroad, or directly notarized by our embassy and consulate abroad. If they originally applied for marriage registration in our embassy and consulate abroad, and there is no dispute between the two parties when applying for divorce, they can apply for divorce procedures to our embassy and consulate abroad which originally handled the marriage registration; if there is a dispute between the two parties, they should file a lawsuit in the people’s Court of the place where their final household registration or residence is before going abroad.
Third. one of the husband and wife is a foreigner, the other is a Chinese, and the other is a foreigner living abroad
1) According to Article 23 of the Civil Procedure Law of the people’s Republic of China, the people’s Court of the place where the plaintiff is domiciled shall have jurisdiction over the lawsuit brought by the person who does not live in the territory of our country. If the plaintiff’s domicile is inconsistent with his habitual residence, the people’s Court of his habitual residence shall have jurisdiction over the lawsuit. That is to say, if you divorce a foreigner, you can file a lawsuit with the people’s Court of the place where you are domiciled.
2) Because foreigners live abroad, service becomes a more difficult problem when a divorce lawsuit is filed in China. Therefore, both parties and the court should pay attention to the choice of service mode, and strive to deliver legal documents to the defendant as soon as possible. The first is to know the exact address of the foreign party: 1. To serve in accordance with the way stipulated in the international treaties concluded or jointly participated in by the country where the addressee is located and the people’s Republic of China; 2. The court transfers the litigation documents to the Ministry of foreign affairs for service by diplomatic means, that is, the grass-roots court → the middle court → the high court → the Supreme Court → the Ministry of justice → the Chinese Embassy and consulate in the member country → Dang The process is relatively complicated and long; 3. Service to the representative office established by the addressee in the territory of the people’s Republic of China or the branch or business agent with the right to receive service; 4. If the law of the country where the addressee is located allows the service by post, the service can be delivered by post. At the end of six months from the date of mailing, the service receipt has not been returned, but it can be determined according to various circumstances If it has been delivered, the date of expiration shall be deemed as delivery; 5. With the development of Internet technology, the way of email delivery has become the most convenient and fast way. However, due to the uncertainty of e-mail address and the difficulty of obtaining evidence, the use of e-mail address in practice is more prudent and still needs to be explored. The second situation is that the domestic party does not know the exact address of the foreign party. At this time, it is better for the domestic party suing for divorce to clearly inform the court when suing, so as not to delay the litigation time. In this case, the method of service by public announcement is generally adopted, and the service shall be deemed as the expiration of the public announcement. Different from the ordinary divorce cases, the service period of announcement is 6 months for the foreign divorce cases, and 60 days for the ordinary divorce cases. Fourth, both parties are foreigners. Whether and how foreigners who file a divorce in China can go through the divorce procedures in China has not been specified in China’s law. Generally speaking, both spouses are foreigners or stateless people in China to ask for divorce. If the marriage of both parties is concluded in a foreign country, the courts in China generally do not accept it. There are two exceptions. First, if one party’s domicile or residence is located in China, the court of our country has jurisdiction. Second, if the two sides reach a divorce agreement, the court of our country can accept the jurisdiction. Both parties have reached a consensus on divorce, and the general domestic court can accept and make a civil mediation statement. But we need to know whether the countries of both parties recognize the civil mediation document issued by the third country court. If not, it is better not to divorce in China. If both countries recognize, they can divorce in China. According to the relevant provisions of the Civil Procedure Law of the people’s Republic of China, if the habitual residence of both parties is within the territory of China, the plaintiff may file a civil action with the people’s Court of the defendant’s habitual residence with jurisdiction.