Job Recruitment Website - Ranking of immigration countries - Can a China couple living in the United States with a green card divorce in the United States?
Can a China couple living in the United States with a green card divorce in the United States?
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates: \ x0d \ x0d \ (1) For overseas Chinese who have married and settled in China, the court of the country of residence refuses to accept the divorce proceedings on the grounds that they must be under the jurisdiction of the court of the place where they got married, and if the parties file divorce proceedings with the people's court in China, the place where they divorced or one of them is in China, \ x0d \ (2) If the overseas Chinese who have married and settled abroad are rejected by the court of the country of residence on the grounds that the divorce proceedings must be under the jurisdiction of the court of the country of nationality, if the parties file a divorce lawsuit with the people's court of our country, it shall be under the jurisdiction of the people's court of one party's original domicile or last domicile. \ x0d \ x0d \ Divorce proceedings brought by overseas Chinese who have obtained the right of abode in a foreign country and live abroad are generally not accepted by the China People's Court because the divorce cases involve complicated circumstances. \ x0d \ x0d \ However, some countries often refuse to deal with overseas Chinese on the grounds that they are citizens of China, on the grounds of nationality, or on the grounds that their original marriage was concluded in China. Considering the interests of overseas Chinese, China courts still accept their divorce proceedings. \ x0d \ x0d \ If an overseas Chinese requests a domestic court to handle a divorce, both husband and wife should return to China at the same time and file a divorce lawsuit in the district or county people's court where the original marriage was registered. If one party returns to China or both parties are unable to return to China due to special circumstances, the parties concerned may apply for a power of attorney to entrust their relatives, friends or lawyers in China to represent them in divorce proceedings, and at the same time submit a divorce opinion signed by themselves. The power of attorney and divorce opinion must be notarized by the local notary office, certified by our embassy or consulate abroad, or directly certified by our embassy or consulate abroad. \ x0d \ x0d \ Overseas Chinese originally registered their marriage in our embassy or consulate abroad, and if both parties can reach an agreement on divorce when applying for divorce, they can also go through divorce procedures in our embassy or consulate abroad where they originally registered their marriage. If the husband and wife cannot reach an agreement, they shall bring a lawsuit to the people's court where the husband and wife were originally registered before going abroad. \ x0d \ x0d \ If the overseas Chinese originally registered their marriage or held a marriage ceremony in a foreign marriage registry, the domestic court will not accept their divorce proceedings. If they have settled in China, the domestic courts will still accept their divorce proceedings.
- Related articles
- List of immigrants in reservoir area
- Require female soldiers to immigrate to Xinjiang
- Which is the top five decoration companies in Zhoushan in 2022?
- Administrative divisions of Lesuhe Town
- What powerful ancient countries have been born in Southeast Asia, what is the cultural development, and what recorded civilizations have appeared?
- Who knows how many Hakkas there are in China, mainly distributed in those areas? thank you
- What are the famous specialties of Panzhihua?
- Georgian immigrant green card
- Food science is an applied science that applies scientific knowledge to food processing. Is New Zealand food major good?
- What does steam Mauritius exchange for money?