Is it okay if the divorce is not in the place where the household registration is located?

Divorce is not in the place of household registration, no. Divorce can be done at the marriage registration office where either party has a household registration.

Marriage Registration Ordinance

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. ‍

If you file for divorce, you think that it is possible to file for divorce even if the defendant is living in habit.

If you don't understand the divorce issue, go to the legal advice post and consult with their legal expert divorce lawyer, maybe it will be more helpful.

Legal Analysis: Yes. In the case of divorce by mutual agreement, the divorce must be completed at the Civil Affairs Bureau of the place of residence of either spouse; In the case of litigation divorce, if the plaintiff issues the other party's certificate of habitual residence, he or she can sue for divorce in the court of the place of habitual residence, and is not forced to go back to the place of household registration to go through the divorce procedures.

Legal basis: "Marriage Registration Regulations" Article 10 Where 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 a permanent residence to register the divorce.

Where a citizen of China voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to register the divorce.

Legal analysis: You cannot go through the divorce procedures at the civil affairs bureau where you are not registered, but you can sue for divorce at a place where you are not registered. If both parties regularly reside and live in other places other than their household registration, even if the parties reach a divorce agreement, they cannot go through the formalities of divorce and burial at the civil affairs department of the place outside the household registration of both parties, but they can sue for divorce through litigation in a place other than the household registration of both parties, and the plaintiff shall file a divorce lawsuit in the place where the defendant has lived for one year or more.

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 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 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 gambling, drug abuse, or other vices that have been repeatedly taught; (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. Where one party is declared missing and the other party initiates a divorce lawsuit, 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.

How to get a divorce if you are not in the place where your household registration is located? There are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by agreement, that is, when 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, or if a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the permanent residence of the mainland resident is located to register the divorce).

Therefore, in the case of divorce by mutual agreement, even if both the man and the woman are in a different place, both the man and the woman must jointly go to the marriage registration authority in Shencong, where one of the parties has a permanent residence, to register the divorce. If both parties are working outside the home and are not in the place where one of the parties has a permanent residence, both parties must return to the place where one of the parties has a permanent residence to go through the formalities of divorce by mutual agreement. Therefore, divorce by mutual agreement cannot be handled in a different place, but a divorce by litigation can be handled in a different place if the statutory conditions are met.

Article 10 of the Marriage Registration Regulations provides that 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 a permanent residence to register the divorce. Article 23 of the Civil Procedure Law: The people's court at the place where the plaintiff is domiciled has jurisdiction over the following civil lawsuits; 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) a lawsuit concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China; (2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing; (3) Litigation against persons under re-education through labor; (4) Proceedings against incarcerated persons.

Summary. If you are not in the place where your hukou is located, there is no way to handle it, only to go to the place where one of you is hukou.

Whether it is marriage or divorce, it must be done at the place where either spouse has a household registration.

If you are not in the place where your hukou is located, there is no way to handle it, only to go to the place where one of you is hukou.

Because this is a clear provision of the Marriage Law.

Wouldn't it be okay to have a real estate deed?

No, what is clearly defined is the location of the household registration.

Isn't it okay for both parties to agree to leave?

Neither party agrees.

There is no other way.

Are you planning to file for divorce?

Or is it an agreed divorce?

Different ways can be.

Divorce by mutual agreement. Let's just say that both parties agree.

What does litigated divorce mean.

No way. If you divorce by mutual agreement, you must go back to your place of residence.

This can be considered for litigated divorce.

That is, if one party does not agree to the divorce and the other party divorces by suing, he can sue in the court of the defendant's domicile (place of household registration), and if the defendant has been away from the place of residence for more than one year, he can sue for divorce in the court of the defendant's permanent residence or the plaintiff's domicile.

Legal analysis: Divorce procedures cannot be handled in other places, but must be handled in the place where one party is registered. However, divorce proceedings can be handled in other places.

According to the relevant laws and regulations, if the parties voluntarily leave the group, such as a blind marriage, they shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register for divorce.

Legal basis: Article 10 of the Marriage Registration Regulations stipulates that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce.

Article 21 of the Civil Procedure Law of the People's Republic of China stipulates that civil litigation against citizens shall be under the jurisdiction of 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.

Article 22 of the Civil Procedure Law of the People's Republic of China: The following civil litigation shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; 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) litigation related to identity relationships brought against persons who do not reside within the territory of the People's Republic of China; (2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing; (3) Litigation against persons subject to compulsory education measures; (4) Proceedings against incarcerated persons.

Article 1076 of the Civil Code of the People's Republic of China stipulates that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Article 1079 of the Civil Code of the People's Republic of China stipulates that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.