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How to sue for divorce in long-distance marriage

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How to sue for divorce in long-distance marriage


        

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  • 2024-06-25 19:00:48

    This issue involves the jurisdiction of divorce cases.
    Many couples live apart for work reasons. When the marriage ends and they can't go to the civil affairs department for divorce by agreement, they have to sue for divorce. So where to file a lawsuit in the court? The legal provisions are so obscure and difficult to understand, which gives many divorcers a headache. According to the provisions of the Civil Procedure Law of China, in general, if the plaintiff files a lawsuit for divorce, it should file a lawsuit in the basic people's court where the defendant resides. So what is the defendant's domicile? It is the domicile of the defendant. However, if the defendant has left the place of residence to live in a place for more than one year, this place is called the defendant's habitual residence. If the defendant has a habitual residence, he or she should bring a lawsuit in the basic people's court of the defendant's habitual residence. If the defendant has left his domicile for less than one year, he still needs to sue at his domicile. In addition, if one party has been away from its registered permanent residence for more than one year, the other party may file a lawsuit at the plaintiff's domicile. If both husband and wife have left their places of residence for more than one year and one party filed a lawsuit for divorce, 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 defendant's habitual residence when the plaintiff filed the lawsuit. In addition, there are some special provisions on foreign-related marriage, which will not be repeated.
    Legal basis:
    Article 21 of the Civil Procedure Law of the People's Republic of China
    A civil action brought by 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 of the People's Republic of China
    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.

    1***

    2024-06-25 19:00:48

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  • law

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