How to divorce in China

Who can get divorced in China?  There are three main categories of married couples that can get divorced in China. Firstly, a Chinese citizen married to another Chinese citizen can get divorced in China, even if the couple do not live in China. Secondly, foreign citizens married to Chinese citizens may get divorced in China, even if the couple do not live in China. Lastly, a foreign citizen living in China for over one year married to another foreign citizen for over one year may also get divorced in China.   Contentious and non-contentious divorce   In China, unlike many other jurisdictions, there are two different ways to get divorced. Couples may divorce by agreement or by litigation.   Divorce by agreement   A divorce by agreement is permitted where both parties to the marriage desire a divorce. In an agreed divorce the parties are generally free to negotiate child support payments, visitation and property division. If an agreement can be reached and the necessary legal formalities are met then a divorce certificate may be issued by the Marriage Registration Office. This process can often be completed very quickly. The rapid conclusion of a divorce by agreement can help to avoid the emotional strains of a protracted divorce. However, if an agreement is not reached by both parties on all the issues the divorce will need to be conducted through the courts.   Divorce by litigation   Where only one party desires a divorce the divorce must be conducted through the courts. A contentious divorce will only be granted by a court when one of following conditions is satisfied:   ●  where circumstances causing the alienation of mutual affection exist ●  where the parties have lived separately for over 2 years because of incompatibility ●  where one party has committed bigamy or has cohabited with a third party ●  where one party is guilty of domestic violence or has maltreated the other party ●  where one party has a long-term gambling or drug addiction ●  where one party is declared missing   Where a divorce is conducted through the courts child support, property division and visitation will be determined through litigation or court approved mediation.   Divorce will also need to be granted by a court in two other circumstances. Firstly, two foreign nationals may divorce in China if:   the couple has been married for over one year at least one of the parties has lived in China for over one year both the parties desire the divorce   Secondly, unmarried persons that have cohabited since before February 1994 must pursue their separation through the courts.   There are also certain restrictions on when a husband may file for a divorce. Generally, a husband may not file for divorce:   within one year after the birth of a child within six months after the suspension of a pregnancy   However, these restrictions will not apply where the wife is in serious default.   Whichever route you take, selecting the right law firm to handle your divorce is crucial, particularly when significant assets or large sums of money are involved. As the only dedicated English-speaking Chinese law firm with an international network of divorce expertise,the divorce team of Shanghai Dacheng Law Office is the right choice for any foreign national considering divorce in China.