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How to Determine the Court of Jurisdiction in Divorce Proceedings

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How to Determine the Court of Jurisdiction in Divorce Proceedings


        

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  • 2024-06-25 18:00:49

    The litigants can only conduct divorce proceedings in the court with jurisdiction, and in general, they should go to the court where the defendant is domiciled for jurisdiction.
    Article 21 of the Civil Procedure Law stipulates that a civil action 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 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 of the Civil Procedure Law stipulates that 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.

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