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How do spouse immigrants divorce?
1. If divorce is agreed, and both parties have obtained marriage certificates in China, both parties shall apply for divorce to the civil affairs bureau that handles marriage registration;
2. In case of divorce proceedings, the people's court of the place of marriage or one party's last residence in China shall file divorce proceedings.
legal ground
Article 13 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).
Overseas Chinese who get married in China and settle abroad shall be under the jurisdiction of the people's court in the place where they got married. If the court in the place where they settled does not accept divorce proceedings, if the parties file divorce proceedings with the people's court, they shall be under the jurisdiction of the people's court in the place where they got married or where one of them lived in China.
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