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Can I apply for divorce if I'm not in my registered permanent residence

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Can I apply for divorce if I'm not in my registered permanent residence


        

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  • 2024-06-17 03:00:02

    Divorce procedures cannot be handled in places other than registered permanent residence. However, if the party concerned files a lawsuit for divorce and the defendant's domicile is inconsistent with his/her habitual residence (one full year), he/she may file a lawsuit for divorce in the people's court of the plaintiff's habitual residence. If both parties have left their places of residence for one year or more, they may file a lawsuit for divorce in the people's court of the place where the defendant often resides. According to relevant laws and regulations, 1. When a mainland resident marries, both men and women should go to the marriage registration authority where one party's permanent residence is located to register their marriage. 2. A case in which one of the husband and wife has left the place of residence for more than one year and the other party files a lawsuit for divorce may 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 place of habitual residence, the case shall be under the jurisdiction of the people's court of the place where the defendant resides when the plaintiff brings a lawsuit.

    Legal basis

    Article 4 of the Marriage Registration Regulations, when mainland residents get married, both men and women should go to the marriage registration office where one party's permanent residence is located to register their marriage.
    If a Chinese citizen marries a foreigner in the mainland of China, or a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwan resident, or an overseas Chinese in the mainland of China, both men and women shall jointly go to the marriage registration office in the place where the mainland resident's permanent residence is located to register their marriage.

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