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How should the court of jurisdiction determine the military marriage divorce proceedings

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How should the court of jurisdiction determine the military marriage divorce proceedings


        

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  • 2024-06-26 12:01:42

    Determination of the competent court for military divorce proceedings:
    First, if both husband and wife are soldiers, their divorce proceedings shall be under the jurisdiction of the people's court at the defendant's domicile or at the regiment level or above where the defendant is located.
    Second, if one of the husband and wife is a soldier, and a soldier files a divorce lawsuit against a non soldier, it shall be under the jurisdiction of the people's court in the place where the defendant resides; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence.
    Third, if one of the husband and wife is a civilian soldier, that is, a civilian cadre of the military, and the non military party files a divorce lawsuit, it shall be under the jurisdiction of the people's court in the place where the defendant resides; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of his habitual residence.
    Fourth, if one of the spouses is a non civilian soldier, that is, an active serviceman, and the non military party files a divorce lawsuit, it shall be under the jurisdiction of the people's court where the plaintiff is located.
    Article 32 of the Marriage Law, divorce proceedings.
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.

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