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How to divorce when both parties are out of town

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How to divorce when both parties are out of town


        

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  • 2024-06-26 12:01:41

    According to Article 12 of 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, cases in which one spouse has left his or her place of residence for more than one year and the other party has filed for divorce shall be under the jurisdiction of the people's court in the place where the plaintiff resides. A case in which both husband and wife have left their places of residence for more than one year and one party brings a lawsuit for divorce shall be under the jurisdiction of the people's court in the place where the defendant often resides; If there is no habitual residence, the people's court of the place where the plaintiff resides at the time of bringing a lawsuit shall have jurisdiction. The domicile mentioned above refers to the domicile of a citizen; The term "habitual residence" refers to the place where a citizen has resided continuously for more than one year from the place where he left his domicile to the time when he filed a lawsuit, except where a citizen is hospitalized for medical treatment. If both parties have left their places of residence for more than one year and are now filing divorce proceedings, the provisions of Article 12 above should be applied in principle, but two cases should be distinguished:
    1. If one party has lived in the current place of residence for more than one year, the other party shall file a lawsuit for divorce in the people's court of the place where one party often resides;
    2. If one party has lived separately from the other party for less than one year in its current place of residence, it shall be deemed that it does not have a regular place of residence, then the other party shall file a divorce lawsuit to the people's court of the other party's regular place of residence.

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