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China Divorce Lawyer

Temporary Restraining Order In Divorce Cases Under Chinese Law

One of my client inquired as below:

Wife obtained a restraining order against the Husband. Husband did not appear for the 10 -day hearing, so the 209A abuse prevention order was automatically extended for a year. Apparently, the Husband filed a Motion to Vacate the restraining order. Wife was never served with a copy of the Motion to vacate, nor did she receive a copy in the mail. The only reason she even found out about the Motion to Vacate is because I represent her in her divorce case against Husband and it happened to be mentioned in pleadings filed in the divorce case. However, the date mentioned in the court pleadings is wrong and even if Wife were to rely on the information contained in the pleadings, she would have showed up on a wrong date. The restraining order and the divorce are two separate matters filed in different courts. The Motion to Vacate is scheduled to be heard this coming Thursday. Would you advice Wife not to come for the hearing as she did not received a proper notice of it?

 

How To Find The Right Divorce Lawyer In China

If you switch lawyers in the middle of your divorce, you might lose the entire amount paid to the first lawyer, and have to come up with another retainer for the second lawyer. It can be expensive and sometimes impossible to switch lawyers mid- stream, so choose wisely! If you are going to have a baby, and you are looking for a good doctor to handle the prenatal care and delivery, you should look for a doctor who:

  • SPECIALIZES in obstetrics
  • has EXPERIENCE in obstetrics
  • is BOARD-CERTIFIED in obstetrics
  • with whom you can GET ALONG.


Most divorces are messy, lengthy and stressful for both parties. The process can be simplified and made much more bearable if you make sure that you hire the right ind of divorce lawyer. Keeping the following tips in mind will make it much easier to find a professional and ethical lawyer who suits your case and your personality.

1) Make sure that you meet with several lawyers to discuss your situation and your needs. In these initial meetings, you will be able to assess not just the competence of the lawyers but also what kind of people they are. Given the deeply personal nature of divorce, you need to be careful to hire someone you can get along with and feel you can trust.

 

Foreign Nationals Divorce in China - A Brief Q&A

There are many foreign nationals marry Chinese ladies. Unfortunately, a significant percent of the cross-culture marriage end up in divorce. The exact percentage is unclear, but I do receive many divorce inquiries from other nations every month. Below is a brief summary of foreign related divorce in China.

My marriage is registered in China. Can I divorce in China?

Yes, you can.

My marriage is registered in a foreign country other than China. Can I divorce in China?

Yes, you can.

If my wife refuses to divorce, Can I divorce in China?

Yes, you can. But you can only divorce through court proceedings.

How can I get divorce in China?

Either through divorce registry or through court proceedings. If both parties agree, divorce through divorce registry is the simplest way. Through court is also possible for agreed upon divorce. If either party disagree, court proceeding is the only way.

How long it takes to divorce in China?

Divorce in the marriage registry is an onsite thing and you get divorce certificate instantly. The time period for divorce in court varies. Non-contested divorce in court takes around one week or two. Contested divorce in court can take one year or two.

 

China Divorce Law and Practice

 

We handled a lot of divorce cases where foreign nationals divorcing their Chinese wife. It is not easy, but it is always doable, as long as several requirements are met. We are experienced China divorce lawyer you can rely on. Below we interpret latest divorce legislation in China for your reference.

The Supreme People's Court (SPC) of the People's Republic of China (PRC) issued its third interpretation on the application of the country's Marriage Law on August 9, 2011. Interpretation (III) took effect on August 13. Interpretation (III) addresses a number of marital property issues, among them the following.

•The Interpretation states that immovable property purchased by a spouse's parents for that spouse during a couple's marriage, if the property right is registered in the recipient spouse's name, may be deemed a gift to that spouse under article 18, item 3, of the Marriage Law [on inherited or gifted property that belongs to one party of a married couple], and that spouse's separate property. In the case of immovable property purchased by the parents of both spouses, where the property right is registered under the name of one spouse, the immovable property may be regarded as community property according to the share of the contribution made by each spouse's parents, unless otherwise agreed upon by the spouses.

 

Divorce In China Is More Difficult If Either Spouse Is Foreign National Or Exapt

As China divorce lawyer, we handle many divorce cases involving foreign nationals or expats. Generally speaking, there are two channels to get divorced: registration procedure and court procedure.

Divorce is a simple process in China if both parties are Chinese citizens, or at least one patty is a Chinese citizen and their marriage is registered in China, and they agree to the divorce and there are no children involved. The couple can walk into the marriage registration office with their marriage books and their hukous and be divorced the same day.

Under the following situation, you have to go to the court for divorce:
1. The divorce is against the will of either spouse;
2. There is dispute over the custody on the Children or on distribution of property;
3. One party is a foreigner and the marriage is not registered in China;
4. In other situations where there is no marriage registration office to accept the divorce application. 

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.