If the couple is registered and married in China, but one party lives in a foreign country, and both parties agree to divorce, the spouse that is living abroad may return to China where his or her registered household is located or to where the other spouse is living. However, if the party living abroad cannot return, divorce can only be done through litigation. In this case, a lawsuit may be applied where the domestic party is located (one is in China and the other party is abroad, the court for the domestic party has the jurisdiction.) If the spouse living abroad cannot be a part of the divorce proceedings, a Chinese lawyer may be appointed to appear in court after the foreign party submits a notarized letter of divorce stipulations to the attorney. The litigants will then appear in court and deliver a response to the parties’ requests. In this circumstance, the court can deliver the divorce materials and judgment directly to the domestic litigation attorney.
