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No, but if the husband and wife have lived in Shanghai for more than one year, they can consider filing for divorce with the court where the defendant is located (i.e., the basic court in Shanghai).
Supreme People's Court.
Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China.
On July 14, 1992, it was discussed and adopted at the 528th meeting of the Adjudication Committee of the Supreme People's Court, Fa Fa (92) No. 22).
12. In cases where one of the spouses has been absent from the place of domicile for more than 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.
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No, it must be done at the Civil Affairs Bureau where you went through the marriage formalities. The division of property needs to be negotiated before handling, otherwise it is necessary to enter the judicial process.
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According to Article 10 of the Marriage Registration Regulations, if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.
You must go to the Civil Affairs Bureau where one of your spouses is registered to go through the divorce procedures.
If you are unwilling to go back, you can also go to the court of the defendant's habitual residence (a place where you have left your household registration for more than one year) to apply for a divorce (you can also agree to do it soon).
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In the case of a divorce by mutual agreement, the divorce must be registered at the place where you or one of your spouses are domiciled.
In the case of a litigated divorce, divorce proceedings can be filed at the place of habitual residence.
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You must go back to the place where you are registered.
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If you have lived in Shanghai for more than 1 year and are not hospitalized, your wife can go to Shanghai if she cooperates with you.
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If you know now, why bother in the first place!
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Legal analysis: Divorce procedures can be handled in other places, but divorce can only be handled by litigation, and divorce by agreement cannot be carried out. If the parties voluntarily divorce, they must go to the registration authority where one party's household registration is located to register the divorce, and the parties shall dissolve the relationship between husband and wife from the time they obtain the divorce certificate.
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 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 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.
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Husband and wife may apply to the civil affairs department for the place where one party is registered for divorce, and the lawsuit for divorce shall be filed in the basic level people's court for the place where the other party's household registration is located, and where the defendant has been away from the place of residence for more than one year, the people's court for the place where the plaintiff is domiciled has jurisdiction. Article 32 of the Marriage Law provides that if a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; 5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
According to the Marriage Registration Regulations, which will come into effect soon, the marriage registration authority will not accept the parties' divorce applications under three circumstances. These three situations are: 1. No divorce agreement has been reached; 2. They are persons who lack or have limited capacity for civil conduct; 3. The marriage registration was not done in Chinese mainland. >>>More
Divorce by mutual agreement shall be handled at the marriage registration authority at the place where one party is registered. If the agreement fails, the defendant sued for divorce in the defendant's local court.
Divorce lawyer: There are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by agreement, that is, if the parties to the divorce reach an agreement on divorce, child support and division of property, both men and women shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce (if a Chinese citizen and a foreigner voluntarily divorce in Chinese mainland, and a mainland resident and a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese voluntarily divorce in Chinese mainland, both men and women shall jointly go to the marriage registration authority where the permanent residence of the mainland resident is located to complete the divorce registration). >>>More
If the two parties can agree on a divorce through negotiation, both parties need to bring their ID cards, household registration booklets, marriage certificates and other documents to the marriage registration office of one party's household registration to submit an application for divorce registration, and within 30 days after the expiration of 30 days, both parties will bring the above documents and the divorce agreement to the marriage registration office to go through the divorce registration procedures. If one party does not agree to the divorce after submitting the formalities, the divorce application can be revoked within 30 days after the application is submitted; It is also possible to not show up for the divorce formalities after 30 days, which will be regarded as the withdrawal of the divorce application. >>>More
The procedures and procedures for divorce are as follows: >>>More