Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to determine the competent court for divorce

home page

How to determine the competent court for divorce


        

Submit answer
Favorable reply
  • 2024-06-25 02:00:04

    According to the Civil Procedure Law of China and the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, divorce proceedings initiated by the parties shall, in principle, be under the jurisdiction of the people's court where the defendant is domiciled. However, special territorial jurisdiction shall be adopted in the following cases:
    1. If the defendant has left his domicile for more than one year, the case shall be under the jurisdiction of the people's court in the place where the plaintiff resides; If both parties have left their places of residence for more than one year, the case shall be under the jurisdiction of the people's court of the defendant's habitual residence. If the defendant does not have a habitual residence, the case shall be under the jurisdiction of the people's court of the plaintiff's place of residence at the time of prosecution.
    2. If the defendant's whereabouts are unknown or declared missing, the people's court in the place where the plaintiff has his domicile shall have jurisdiction; If the plaintiff's domicile is different from his habitual residence, the people's court in the plaintiff's habitual residence shall have jurisdiction.
    3. If the defendant is reeducated through labor or imprisoned, the people's court in the place where the plaintiff has his domicile shall have jurisdiction; If the plaintiff's domicile is different from his habitual residence, the people's court in the plaintiff's habitual residence shall have jurisdiction.
    4. The people's court in the place where the plaintiff is domiciled shall have jurisdiction over divorce proceedings brought by non military personnel against non civilian military personnel; If both parties are soldiers, the case shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or the unit at or above the regiment level where the defendant is located.
    5. If the defendant does not live in the territory of the People's Republic of China, the people's court in the place where the plaintiff has his domicile shall have jurisdiction; If the plaintiff's domicile is different from his habitual residence, the people's court in the plaintiff's habitual residence shall have jurisdiction.
    6. If both Chinese citizens have not settled down in a foreign country and one of them files a lawsuit for divorce with a people's court, the people's court in the place where the plaintiff or defendant originally resided shall have jurisdiction.
    2、 What are the conditions for divorce in litigation? Article 32 of the Marriage Law stipulates that "if one of the men and women requests a divorce, the relevant department can mediate or directly file a divorce lawsuit with the people's court." The people's court should mediate when trying divorce cases; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for 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, divorce shall be granted ".

    Xu***

    2024-06-25 02:00:04

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):