Are you aware of International Divorce Methods in China:

As the number of foreigners in China grows, so do international divorces involving both foreign nationals and mixed national couples. Understanding the legal landscape for these divorces in China is crucial.

This guide covers the two main methods for divorce in China: mutual consent and divorce litigation. Gain insights into the Chinese laws governing these processes and navigate your situation with confidence.

(1) How to Get Divorced in China: Methods

In China, divorce can be pursued through two main methods:

Mutual Consent Divorce: Spouses agree to dissolve their marriage voluntarily, formalized by the marriage registration authority.

Litigation Divorce: One or both spouses initiate divorce proceedings through the people's court.

(2) What are the Advantages of Mutual Agreement Divorce in China?

Opting for mutual agreement divorce offers key benefits such as:

Efficiency: Couples in agreement can directly register for divorce at the Civil Affairs Bureau.

Quick Process: After a mandatory 30-day cooling-off period, if both parties remain certain, they can swiftly obtain the divorce certificate.

Simplified and expedited, this method reduces stress and saves time.

(3) Can Foreigners Pursue Mutual Consent Divorce in China?

Yes it is possible to pursue divorce through mutual consent only if both spouses got married in China, they can opt for mutual agreement divorce at the Civil Affairs Bureau.

If both individuals are foreigners and their marriage wasn't registered in China, divorce can only be achieved through litigation.

(4) When is Litigated Divorce Necessary in China?

No Mutual Agreement: If both parties can't come to a mutual agreement on the divorce, litigation becomes necessary.

?Marriage Not Registered in China: For couples who didn't register their marriage in China, divorce must proceed through litigation.

In such cases, understanding the legal process is crucial for a smooth resolution.

(5) If a divorce is obtained through litigation, under what circumstances will the court grant a divorce?

In the legal proceedings of China, when one spouse initiates a divorce lawsuit for the first time, the court typically doesn't immediately approve the divorce. However, the court will grant the divorce unless the following specific circumstances exist:

i) Being married to more than one person simultaneously or living together with another individual while still married.

ii) Engaging in acts of family violence or maltreating and abandoning family members.

iii) If the individual has a history of repeatedly engaging in activities such as gambling or drugs abuse.

iv) Two years of separation resulting from irreconcilable differences.

v)? Additional factors contributing to the deterioration of the couple's relationship.

(6) What to do If the Court Denies Your Divorce?

If the court doesn't grant a divorce initially, you can file a second petition after six months from the judgment's effective date.

Key Point: If you've lived separately for a year post the first judgment, and one spouse files for divorce again, the court is mandated to grant it.

(7) How Long Does It Take to File for Divorce?

A divorce process in China typically spans from six months to a year. However, the duration may vary depending on individual court workloads, with heavier case loads potentially requiring more time. Opting for mediation can shorten this time frame significantly.

For more information on Divorce procedures or legal assistance in Shanghai, feel free to contact me on Linkedin.

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