The wife is abroad, the husband is in the country, what kind of procedure is required for the wife t

You must go to the court where the marriage is registered to sue for divorce, and the woman can hire a lawyer to appear in court on her behalf, and under normal circumstances, the divorce proceedings must be present in person, thinking that the divorce proceedings involve the right to identity, and others are not allowed, but if the woman cannot appear in court for special reasons, the lawyer can be authorized to have full authority.

Then you have to see whether the foreign courts accept it or not

I don't want that to happen.

To register a divorce, the following five conditions shall be met as stipulated in the Marriage Law and the Regulations on the Administration of Marriage Registration:

1. The parties applying for divorce must be parties to a legal marriage relationship who have gone through the marriage registration, and in the case of illegal cohabitation, the parties to the de facto marriage unconditionally apply for registration of divorce.

2. The parties applying for divorce shall be persons with full capacity for civil conduct. The General Principles of the Civil Law stipulate that a citizen who has reached the age of 18, is in a normal mental condition, and can fully recognize his or her actions and consequences is a person with full capacity for civil conduct. Any person who does not have full capacity for civil conduct can only be filed by his ** person in the form of divorce by litigation to resolve the issue of marital relationship.

3. The divorce application is an expression of the true intentions of both parties applying for divorce and bears the legal consequences. The most important condition for registering a divorce is that both husband and wife divorce voluntarily, and this voluntary act is a voluntary act that excludes all external obstruction and interference, and is completely voluntary. Therefore, both parties must submit the application in person to the marriage registration office and state their reasons.

4. The parties applying for registration of divorce shall reach an agreement on the joint property, creditor's rights, debts and the maintenance of children or assistance to the party in difficulty, and shall consciously fulfill such commitments.

5. Both parties must go to the marriage registration office in person to jointly file an application for registration of divorce. Divorce is a legal act of major changes in family and marital relations, which involves various rights of the parties to the divorce, and is an important civil legal activity.

How troublesome is an international divorce?

Regardless of the verdict of the case, there is a high probability that Yu will have to eat in prison for a long time in Thailand, resulting in the formation of a transnational state of "separation of households" between the two parties.

Transnational "separation of households" refers to a state of separation in which both husband and wife are Chinese citizens, but one of them resides in China and the other resides (stays) abroad.

According to Article 22 of the Civil Procedure Law and Article 4 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (2022 Amendment), a husband and wife who are "separated from the household" can file a divorce lawsuit with the people's court regardless of which party or cong **.

Ms. Wang can also initiate a divorce lawsuit against Yu in the Thai court through the people's court of her place of residence.

It's just that the divorce litigation process of cross-border "separation of households" is more cumbersome, and it is necessary to serve the litigation documents through "diplomatic channels", which will be forwarded by the High People's Court to the Consular Division, and handled in accordance with the prescribed procedures, such as text translation of the litigation documents according to the requirements of the other party, etc., if the law of the country where the defendant is located allows service by mail, the litigation documents can be served by mail.

Perhaps some friends have learned the speed of international mailing, in addition to slowness, international mail may also be "lost". The good news is that in China, the service of litigation documents can be deemed valid from the date of expiration of six months from the date of mailing.

The bad news is that the whole divorce process took almost 1 year, but Ms. Wang is still lucky because she still has a bright future and hope, while some wives stay in Thailand forever....

Legal analysis: If one party abroad cannot return to China in person to go through the divorce procedures, the divorce procedures cannot be handled by mutual divorce, and the divorce can only be obtained through litigation.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests to divorce from the clan and make a marriage, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If the husband divorces abroad and the woman is still in China, the two parties voluntarily divorce and reach an agreement on child support and property disposal, and if the foreign party can return to China, both parties can still apply for divorce together at the place where the domestic party is registered, or the marriage registration authority at the place where the person who went abroad before going abroad. If one of the foreign parties cannot return to China in person to go through the divorce procedures, then the divorce cannot be agreed upon, and the divorce can only be obtained through litigation.

[Legal basis].

Opinions on Several Issues of the Civil Procedure Law of the People's Republic of China》 Article 12: In cases where one of the husband and wife leaves the place of residence for one year, and the other party sues for divorce, the people's court at the place of the plaintiff's domicile has jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.