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Where to go for divorce proceedings


        

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  • 2024-06-25 22:00:04

    Divorce proceedings should normally be brought to the court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, the court of his habitual residence shall have jurisdiction.
    In addition, there are several special cases as follows:
    1. If a lawsuit for divorce is filed against a person who does not reside in China, a person who has been declared missing or missing, or a person who has been reeducated through labor or imprisoned, it shall be under the jurisdiction of the court in the place where the plaintiff has his domicile. If the plaintiff's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place where the plaintiff has his habitual residence.
    2. If the husband or wife leaves the place of residence, the divorce proceedings shall be under the jurisdiction of the court where the plaintiff resides. The divorce proceedings shall be under the jurisdiction of the court of the defendant's habitual residence if the husband and wife have left the place of residence for one year. If there is no habitual residence, the divorce proceedings shall be under the jurisdiction of the court of the plaintiff's habitual residence at the time of filing the lawsuit.
    3. For divorce proceedings in which one Chinese citizen lives abroad and one Chinese citizen lives in China, the court of the place where one Chinese citizen lives in China has jurisdiction.
    4. If both Chinese citizens have not settled down abroad, and one party files a divorce suit in China, the court of the plaintiff or defendant's original domicile shall have jurisdiction.
    Legal basis: Article 21 of the Civil Procedure Law: A civil action against a citizen shall be under the jurisdiction of the people's court in the place where the defendant is domiciled; 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.
    Article 22 The following civil actions shall be under the jurisdiction of the people's court in the place where the plaintiff has his domicile; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction:
    (1) Litigations concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China;
    (2) Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing;
    (3) Litigation against the person who has taken compulsory educational measures;
    (4) A lawsuit brought against a person who is imprisoned.

    L***

    2024-06-25 22:00:04

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