How to divorce by agreement when one of the spouses is abroad

In the past two years, we have handled a lot of divorce cases in which one party has been abroad, and we are in Hangzhou, and all district courts in Hangzhou will file and accept them.

In divorce cases where one party is abroad and one party is in China, the first thing that needs to be affirmed is that the domestic basic court has jurisdiction in this case. Either party can go to the court where one of the parties in the country is located to sue for divorce. The documents required are the same as suing for divorce in China:

ID cards, marriage certificates, children's identity information, property evidence, and complaints.

If both parties agree to divorce, the judge will apply the summary procedure and arrange time for both parties to complete the divorce procedures through online mediation. This time is very fast, a month or so is enough, or even a week or two faster.

If the husband and wife cannot reach an agreement and the defendant does not come back, as long as it can be sent electronically to the defendant, the court can also arrange an online trial and then make a judgment. This is no different from a normal divorce case.

The complicated situation is that the defendant is abroad, cannot be contacted or refuses to cooperate, does not accept **, and does not accept court documents, that is, deliberately does not accept the summons and prosecution materials. In this case, only the public notice can be served, and it takes 6 months for the foreign-related announcement to be served.

But don't worry, it's just a little longer, after the legal process, the court can rule in absentia, and at the same time, it will also rule on child support and property division issues.

Therefore, even if the defendant cannot come back abroad, even if he cannot be contacted, it will not affect the divorce.

Li Xiaojuan, a professional divorce lawyer, only handles marriage cases.

Specialty: Divorce, property division, separation of property, drafting agreements.

After both parties reach an agreement, both parties shall register the divorce in person at the marriage registration department where their household registration is located. You have to be there in person, you can't go alone.

However, divorce can be filed and the court can grant a divorce in absentia if both parties have no objection.

Legal Analysis: Whether one of the spouses can be divorced abroad. If one of the husband and wife is abroad and cannot return to China to go through the divorce formalities, whether the divorce is voluntary or the divorce is requested by one party, it must be handled in accordance with the litigation procedures.

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' intention to divorce voluntarily and the opinions reached by consensus on matters such as child support, property, and debt management.

Article 1079:Where one of the husband and wife requests a divorce, 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 the mediation fails, the 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 have been repeatedly taught;

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.

This must go back to the place where the two were married before they can get divorced.

There is no way to do this, whether it is a divorce by agreement or a divorce by litigation, it needs to be handled by two people at the same time.