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How to determine the jurisdiction of divorce cases

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How to determine the jurisdiction of divorce cases


        

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  • 2024-05-24 03:01:51

    1、 Generally, divorce cases shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the marriage was concluded. 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.

    2、 The following circumstances shall be under the jurisdiction of the people's court where the plaintiff is domiciled:; 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) The defendant does not reside in the territory of the People's Republic of China; (2) The defendant is missing or declared missing; (3) The defendant is reeducated through labor; (4) The defendant is imprisoned; (5) The defendants were all cancelled their urban household registration.

    3、 The special provisions on the jurisdiction of divorce proceedings shall apply to the following cases:

    1. A case in which 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 shall be under the jurisdiction of the people's court in the place where the plaintiff resides.

    2. If the husband and wife have left their places of residence for more than one year and one party files a lawsuit for divorce, the case shall be under the jurisdiction of the people's court in the place where the defendant often resides; If there is no habitual residence, the people's court of the place where the plaintiff resides at the time of bringing a lawsuit shall have jurisdiction.

    3. If the soldier is a non civilian soldier, the people's court in the place where the plaintiff is domiciled shall have jurisdiction over the divorce proceedings filed by non military personnel against military personnel.

    4. If both parties to the divorce proceedings are soldiers, they shall be under the jurisdiction of the people's court in the place where the defendant is domiciled or the unit at or above the regiment level where the defendant is located.

    [Legal Basis]

    According to Article 21 of the Civil Procedure Law, a civil action against a citizen shall be under the jurisdiction of the people's court 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.

    V***

    2024-05-24 03:01:51

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