What will happen if one of the husband and wife does not return to China and does not contact?

After a husband and wife get married in China, if one of them goes abroad and the other one still lives in China, the husband and wife will divorce voluntarily and reach an agreement on child support and property disposal, and the foreign party can return to China.

Both parties can apply for divorce registration at the civil affairs bureau where the domestic party's household registration is located or the overseas personnel's household registration is located before going abroad according to normal divorce procedures.

2. One party does not agree or cannot return to China.

According to the law, if the foreigner can't go back to China to handle the divorce formalities in person, he can't handle the divorce formalities through agreement, but only through litigation.

However, it is very important to determine the court with jurisdiction before the subsequent divorce process can be carried out.

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How to determine the competent court

1, China citizens have not settled abroad, but their spouses live in China.

No matter which party brings a divorce lawsuit to the people's court, it shall be under the jurisdiction of the people's court where the domestic party has its domicile.

2. China citizens have settled abroad and their spouses live in China.

No matter which party brings a divorce lawsuit to the people's court, the people's court at the domicile of the domestic party has jurisdiction.

If a foreign party brings a lawsuit to the national court of his domicile and a domestic party brings a lawsuit to the people's court, the sued people's court has jurisdiction.

3. Both husband and wife of China citizens are abroad but have not settled.

If a party brings a divorce lawsuit to a people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant originally lived.

4. China citizens whose husband and wife have settled abroad.

If both parties are unable to return to China due to special circumstances, they may apply for a power of attorney and entrust domestic relatives and friends or lawyers to represent them.

And submit written opinions to the original domestic marriage registration authority or the people's court where the marriage is registered, which will be handled by the registration authority or tried by the people's court.

The power of attorney and opinion must be notarized by the local notary office, certified by the China embassy or consulate abroad, or directly notarized by the China embassy or consulate abroad.

The court of the domicile refuses to accept the divorce proceedings on the grounds that it must be under the jurisdiction of the court of the place of marriage. If the parties file divorce proceedings with the people's court, it shall be under the jurisdiction of the people's court of the place of marriage.

If the court of domicile refuses to accept the divorce proceedings on the grounds that it must be under the jurisdiction of the court of the country of nationality, if the parties bring a lawsuit to the people's court, it shall be under the jurisdiction of the people's court of one party's original domicile or last domicile in China.

After determining the competent court and filing divorce proceedings with the court, the court will generally ask the plaintiff whether an agreement has been reached with the defendant.

If the two parties cannot reach an agreement or contact the defendant, the court will hand over the litigation documents to the diplomatic department step by step and convey them through diplomatic channels.

1. The court summons has been sent to the defendant.

The defendant made a reply after receiving the court summons, and the court held a court session to decide the divorce demands of both parties.

2. The court summons cannot be served on the defendant.

If the defendant cannot be served through diplomatic channels, the court will serve the complaint or summons by announcement, and will still refuse to respond after the expiration of the announcement. After the defendant is absent from the court's judgment, the ruling document is still served by announcement.

If the parties fail to appeal after the appeal period of 15 days from the day after the announcement is delivered to the effective date of the judgment document for 6 months, the judgment of first instance will become legally effective.

In addition, in the case of default judgment, the court generally decides whether the two parties are divorced or not, and does not deal with the issue of property division.

For divorce proceedings of one party abroad, due to the geographical restrictions in the actual handling process, it will take longer and more complicated procedures than ordinary divorce proceedings.

Therefore, in the case of the application of litigation procedures and laws in many countries, according to their own actual situation, the parties had better consult local professional marriage lawyers first.

The above is the solution for one spouse to emigrate and the other spouse to divorce.