Ending a Chinese Marriage
My question involves a marriage in the state of: Sichuan, China. I married a Chinese national in China. My question is; Can I start divorce here in Indiana, or will I have to obtain a divorce in China?
I am a U.S. citizen.
We were married for 7 years. She lived here with me for 6 years.
Re: Ending a Chinese Marriage
Is your spouse presently living in China or the US?
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The General Principles of the Civil Law of the People's Republic of China, Article 147, also set forth the principle that a divorce shall be bound by the law of the place where a court accepts the case. According to the Marriage Law of People's Republic of China, if both partners of a marriage seek a divorce voluntarily, they may go to the appropriate marriage registration office to file the registration for divorce. If one of the partners requests a divorce and the other does not agree, the former can then file a divorce suit with the court. But registration for divorce with the marriage registration office is not applicable to a foreign-related marriage. All cases of divorce in China concerning a foreign-related marriage must be filed with the court. In order for the Chinese court to accept such a case, at least one of the partners of the marriage must either have Chinese residency and be physically present in the territory of the People's Republic of China or have resided continuously in China for at least one year. Provided the above requirement is met, in case the other partner of the marriage resides outside China, the one requesting a divorce may file a divorce suit with the intermediate people's court in the place where he or she lives, or where his or her residency is registered. Otherwise, if the partner requesting a divorce lives overseas, he or she may file the suit with the intermediate people's court in the place where either the other partner of the marriage lives or that partner's residency is registered.
http://www.china.org.cn/english/Life/67167.htm
Re: Ending a Chinese Marriage
Quote:
Quoting
russ3202
My question is; Can I start divorce here in Indiana, or will I have to obtain a divorce in China?
You can obtain a divorce in the U.S. that is valid in the U.S. and most other nations, but have to follow the laws of China to ensure that it will be valid in China.
Depending upon whether or not your spouse consents to jurisdiction and where marital assets are located, it may not be possible to address certain aspects of the divorce -- e.g. division of property not located in the U.S. state where you file, issues of spousal support and (if there are children, living with your spouse and domiciled in China) child support, etc. -- in the U.S.