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Can I go through divorce procedures in another place if I divorce by agreement

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Can I go through divorce procedures in another place if I divorce by agreement


        

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  • 2024-06-22 22:01:44

    [Legal Opinion]
    Agreed divorce certificate can not be handled in other places, but citizens need to bring relevant materials (original ID cards, original household register, original marriage certificate) to the civil affairs department of one party's domicile to apply for handling.
    Litigation divorce: If both parties have left their places of residence for more than one year, they can sue for divorce in the court where the defendant resides. A party who has left his domicile for more than one year may bring a suit in the court where the plaintiff is domiciled.
    [Legal Basis]
    Marriage Registration Ordinance
    Article 10 If a mainland resident wishes to divorce, both men and women shall jointly go to the marriage registration office in the place where one party's permanent residence is located to register for divorce.
    If Chinese citizens and foreigners divorce voluntarily in the mainland of China, and mainland residents divorce voluntarily with Hong Kong residents, Macao residents, Taiwan residents, and overseas Chinese in the mainland of China, both men and women shall jointly go to the marriage registration authority in the place where the permanent residence of mainland residents is located to register for divorce.
    Article 11 Mainland residents who have gone through divorce registration shall present the following certificates and supporting materials:
    (1) My household register and ID card;
    (2) My marriage certificate;
    (3) A divorce agreement signed by both parties.
    Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who have gone through divorce registration shall, in addition to the certificates and certification materials specified in sub paragraphs (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents shall also issue their own valid passes, identity cards, overseas Chinese Foreigners shall also produce their own valid passports or other valid international travel documents.
    The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt disposal.
    Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Fa Shi [] No. 5)
    Article 12 stipulates: "A case where one of the husband and wife has left the place of residence for more than one year and the other party has filed a lawsuit for divorce may be under the jurisdiction of the people's court of the place where the plaintiff has his domicile. A case where one of the husband and wife has left the place of residence for more than one year and one party has filed a lawsuit for divorce shall be under the jurisdiction of the people's court of the place where the defendant has his habitual residence; if there is no habitual residence, it shall be under the jurisdiction of the people's court of the place where the defendant has his
    Article 21 of the Civil Procedure Law, a civil action brought against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court in the place where he has his habitual residence.
    A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile.
    If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.
    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 different from his habitual residence, the people's court in the place where the plaintiff has his habitual residence shall have jurisdiction:
    (1) Litigation concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China
    (2) Litigation concerning identity relations against persons whose whereabouts are unknown or who have been declared missing
    (3) Litigation against persons subjected to compulsory educational measures
    (4) A lawsuit brought against a person who is imprisoned.

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