How to determine the place of jurisdiction for divorce cases and the place of jurisdiction for divor

Circumstances in which the divorce case is under the jurisdiction of the defendant's location: 1If both husband and wife live together in the place of residence, and one party files a lawsuit with the people's court, the basic people's court of the county or district where they live together is the competent court; 2.

In cases where both husband and wife have been absent from their domicile for more than one year, and one party files for divorce, the people's court of the defendant's habitual residence has jurisdiction.

Under normal circumstances, a lawsuit should be filed with the people's court at the place where the defendant is domiciled. Excepts are the following:

1. In cases where one spouse has been absent from the place of residence for more than one year and the other party files for divorce, the people's court for the place where the plaintiff is domiciled 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.

2. In a divorce lawsuit filed by a non-military against a military member, if one of the military members is a non-civilian soldier, the people's court at the place where the plaintiff is domiciled shall have jurisdiction.

Where both parties to a divorce proceeding are military personnel, the people's court for the defendant's domicile or the defendant's regimental unit or above has jurisdiction.

3. If the defendant has any of the following circumstances, the people's court for the place where the plaintiff is domiciled has jurisdiction; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

1) The defendant does not reside within the territory of the People's Republic of China;

2) The whereabouts of the defendant's subordinates are unknown or they are declared missing;

3) the defendant is being re-educated through labor;

d) the defendant is imprisoned;

5) The defendants were all deregistered in urban areas.

4. Where both the plaintiff and the defendant have had their urban household registration cancelled, the people's court for the defendant's place of residence has jurisdiction.

5. For overseas Chinese who are married in China and have settled abroad, if the court of the country of residence does not accept the divorce proceedings on the ground that the court of the place where the marriage was concluded must have jurisdiction, and the parties file a divorce lawsuit with the people's court, the people's court of the place where the marriage was concluded or the last place of residence of one of the parties in China shall have jurisdiction.

6. For overseas Chinese who have married abroad and settled abroad, if the court of the country of residence refuses to accept the divorce proceedings on the ground that the court of the country of nationality must be under the jurisdiction of the court of the country of nationality, and the parties file a divorce lawsuit with the people's court, the people's court of the original domicile of one party or the last place of residence in China shall have jurisdiction.

7. In divorce cases where one of the Chinese citizens resides abroad and one resides in China, the people's court at the place where the domestic party is domiciled has jurisdiction. The foreign party files a lawsuit with the court of the country of residence, and the domestic party files a lawsuit with the people's court, and the people's court to which the lawsuit is filed has jurisdiction.

8. In divorce cases where both Chinese citizens are abroad but have not settled down, and one party files a lawsuit with the people's court, the people's court at the original domicile of the plaintiff or defendant shall have jurisdiction.

Analysis of the legal series: If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. Divorce cases generally have jurisdiction over the people's court at the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the habitual residence and the Zheng Stuffing People's Court have jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Legal Analysis: Divorce cases are civil lawsuits, which are generally under the jurisdiction of the court of the defendant's domicile or habitual residence. However, in divorce proceedings, if the defendant has been absent from the place of residence or habitual residence for more than one year, does not reside in China, is missing or declared missing, or is subject to re-education through labor or imprisonment, the court of the plaintiff's domicile or habitual residence may have jurisdiction.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 21: In general territorial jurisdiction, the people's court for the defendant's domicile has jurisdiction over civil lawsuits raised against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

Article 22: The following civil lawsuits are under the jurisdiction of the people's court at the plaintiff's domicile; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

(a) Litigation concerning identity relationships brought against persons who do not reside in the territory of the People's Republic of China;

(ii) Proceedings relating to the identity of persons whose whereabouts are unknown or who have been declared missing;

(iii) Proceedings against persons subject to compulsory educational measures;

(iv) Proceedings against imprisoned persons.