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How to Get Divorced in China

  • Time:2019-12-03
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How to Get Divorced in China

Author: Divorce Lawyer in China

Are you thinking of divorcing your Chinese wife/husband? Maybe you are now confident that nothing can bring back the fire burning in your relationship. It can be hurting, and sometimes a thorn in the flesh, and most of all, a painstaking process that may seem to take years to end. Over and above, for your family, you have no choice but to start the new and untoward journey, which may be intriguing, even as it is indeed disconcerting.

Research shows that a significant percentage of spouses considering divorce in China are not always happy going that road. In many cases, the subject of divorce in marriages that are moving fast down the rocky lane comes as a surprise to the two and the people around them. However, some people, especially close friends and family, can predict a marriage that is ill-feted.

Divorce can cut your marriage right in half, burying down all its moorings and tie-ups, leaving you feeling lost and lonely. But in most cases, it is inevitable, especially if you are no longer interested in the dim-witted games of 20. As long as you are not mired in endless blame games, you are good to go.

But the question is, how will you go about divorcing your Chinese wife/husband? In this article, we present details about the jurisdiction and grounds for divorce in China, financial and child custody issues, how long it will take to divorce your Chinese wife/husband and how you can go through this process without breaking a leg or the bank.

Jurisdiction for Divorce in China

One crucial thing to know about Chinese laws is that there are no limits for divorcing your Chinese wife/husband, for example, any time length for divorce. In some English countries, you will find restrictions, such as a requirement of being in a marriage for at least one year before initiating a divorce. 

In China, if you feel that your marriage has taken a hike or history has just played out, you can bring it to an end through a divorce like yesterday. Moreover, if your Chinese wife/husband doesn't consent to a divorce, the Chinese court may recommend reconciliation. Equally, for a Chinese court to approve your divorce case, you must satisfy the court's jurisdiction as stipulated below:

  • Either your Wife or you as the husband is a Chinese citizen;
  • Your marriage is itemized in China;
  • Either you as the husband or your Chinese wife/husband is a habitual resident of China for a minimum of 1 year;
  • Both you and your wife consent to divorce in China, as long as they are both living in China habitually for one year or even more.

Grounds for Divorce in China

In China, if your marriage has gone literally to the dogs, the Chinese courts will only decide on divorce if it is proven to stick to an "irretrievable break-down of marriage." However, to support this principle, one of the following factors needs to be presented:

  • If your Chinese wife/husband is proven to commit adultery or is cohabiting with a third party while still in marriage;
  • If a case of domestic violence or maltreatment or abandonment by your Wife in marriage is proven;
  • Extreme and persistent lousy behavior of your Chinese wife/husband, such as drug abuse, which continues despite warnings;
  • Complete separation of you and your Chinese wife/husband for more than two years as a result of discordancy;
  • Any other factor that could be contributing to the decline of mutual between you and your Chinese wife/husband.

Moreover, a divorce for your Chinese wife/husband shall be granted if your Wife is proven to be missing and if you will file an action for divorce owing to this fact. Most of all, you (as the applicant for divorce of your Chinese wife/husband) must strive to provide all the evidence that will help you to demonstrate that your marriage is broken down irreversibly.

Financial Issues and Child Custody

Divorce drags along financial issues as well as child custody. Many couples end up having a lot of problems when it comes to divorcing, owing to endless financial asset tussles and child custody. In many cases, parents disagree on how they should distribute assets, which entails the amount each should take with or what should be left behind. In the same way, parents may end up fighting over who should remain with children or the times the other party should visit the children. Speak with an expert divorce lawyer and let them to help you put an end in your divorce struggles.

Marital assets are always at the center of everything, which is why the Chinese courts may grant orders tagging along with marital assets or finances, including issues surrounding child custody. The court will track aptly drafted marital agreements or prenuptial agreements. Furthermore, in case you lack a marital contract or premarital agreement, the Chinese court will typically respect it based on family properties, finances, and any maintenance that has been settled between the two of you. If your agreement cannot be fulfilled, the Chinese courts will pass orders to allocate financial assets, offer maintenance and support for children, and present any arrangement for child custody.

The primary rule that Chinese courts follow is that children's interests should always be considered with high precedence. This applies to both local and global family cases. In a divorce proceeding, you, as parents, must file evidence in favor of your child custody. On the same note, the Chinese court must as well guarantee that your noncustodial parental rights and privileges are taken into account.

How long will it take to get divorced in China?

Divorce, a domestic case, which is under the Procedural Law of PRC, is settled through the summary process that lasts from 3 to 6 months. In global cases that may entail the servicing of papers across the borders and collecting evidence in foreign countries, the period of processing divorce may take a lot more time. By the same token, for cross-border family issues, such as divorce, the time-frame that you can appeal the judgment made earlier is 30 days. However, in the case of domestic family cases, you can appeal the ruling within 15 days.

Wrapping up

In many cases, divorcing your Chinese wife/husband may be complicated, especially if you are not familiar with the legal divorce process. You may end up throwing all your money out of the window. No need to keep tossing all your hard-earned money off the back of a train. Speak with a Chinese divorce lawyer today that who will ensure that your divorce process is smooth without losing an arm and a leg.

 


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