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Re: Can a U.S. citizen married in U.S. to Chinese citizen get divorce in China? |
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Monday, 16 July 2007 |
Of course, it is possible to divorce in China. I have done it. But I would not encourage people to do it unless they have pressing reasons for that ultimate road. As a FOREIGN national married to a CHINESE person, you have to enlist the help of a LAWYER and file an application for divorce with a court. There are recognised reasons for divorce, such as utter gabsence of marital life, character incompatibility, etc. You can't divorce your partner without his or her consent unless you can prove him or her to be failing in his or her duties and rights to you. A court can reject your application if they find its reasonings spurious. The court has to be located in the area where your spouse is permanently resident (i.e. is registered with the authorities and has a hukou). The proceedings are pretty simple and formalistic, yet a lot depends on personal chemistry. Judges are overworked, yet not necessarily overzealous or professional. Sympathies matter a lot. All your evidence has to be in Chinese; documents must be translated and notarised - a lot of preparations that is discouraging too. Plus going to and returning from the court to your own place of residency... The first time the court may accept your case; the second time they may record your particulars, the third time they may actually listen to you (or your lawyer), and the fourth time they will give you their findings (not necessarily to your face - your lawyer can receive it on your behalf). The verdict can be: A condemnation to "try to patch things up" during a 6 month period; if you wish to really go through with your intention by then, you will have to file again, and this time it's likely to be accepted and pronounced as you wish. There remains the question of your estate: What you and your wife acquired through your living together has to be split. Your wife stands to get more than she actually contributed. If you own property acquired before you got married it is supposed to remain yours. My ex thought she could get my apartment, but the court decided to award her half of my bank account savings she could prove I had; she was unable to prove overseas bank account holdings even though she showed photocopies of some of them (but in English, which the court did not accept as evidence)....
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