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Which court should divorce proceedings be filed with

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Which court should divorce proceedings be filed with


        

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  • 2024-06-24 00:00:57

    Divorce proceedings shall be initiated by one party. The general principle of case jurisdiction is "the plaintiff is the defendant", that is, in principle, it should be under the jurisdiction of the people's court where the defendant is located. If the defendant has left his domicile for more than one year, the people's court in the place where the plaintiff resides shall have jurisdiction; 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 at the defendant's habitual residence. If there is no habitual residence, the case shall be under the jurisdiction of the people's court at the plaintiff's place of residence at the time of prosecution; If both parties are soldiers, they shall generally be under the jurisdiction of the people's court in the place where the defendant is domiciled or where the organ at or above the regiment level of the defendant's unit is located; If both parties are imprisoned or reeducated through labor, they are generally under the jurisdiction of the people's court in the place where the defendant's original residence is located. If the defendant is imprisoned or reeducated through labor for more than one year, they are under the jurisdiction of the people's court in the place where the defendant is imprisoned or reeducated through labor.

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