Which court in China mainland can file divorce in?
China court exercises the jurisdiction over the foreign-related divorce cases. If the defendant has domicile or ordinary residence in China, the case can be accepted.
As for the fact that the defendant is not in China, if the plaintiff has domicile or ordinary residence in China, the case can also be accepted.
In addition, China court exercises the jurisdiction over the foreign-related divorce cases in the following situations:
1. The divorce cases filed by overseas Chinese who got married in China and settled in foreign countries, without acceptance by the court of the country of settlement, are under the jurisdiction of the people's court in the marriage place.
2. The divorce lawsuits filed by overseas Chinese who got married and settled in foreign countries, without acceptance by the court of the country of settlement , are under the jurisdiction of the people's court in the place of domicile of one side, or the final place of settlement.
3. For China citizens, one side lives abroad, the other side lives in China. Whichever side files a divorce lawsuit, the people’s court which is in the place of settlement of the side in China has the jurisdiction over the case. If the side who lives abroad files lawsuits in people’ court in its place of settlement, the side in China can sue the other side in the people’s court.
4. For China citizens who are abroad but have not settle down. The divorce case filed by one side in people’s court is under the jurisdiction of the people's court in the marriage place.
5. The court of jurisdiction issue in foreign-related divorce cases. Normal foreign-related divorce cases are under the jurisdiction of the basic people's court. Foreign-related divorce cases which have significant impact should be filed in intermediate people's court which have jurisdiction over the cases. |