Divorce issues, can one party get a divorce by agreement abroad, and what procedures are required

If one party is abroad, he or she cannot divorce by agreement, but can only go to the court to sue for mediation or divorce.

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. The domestic party can go to the court where he or she is located to sue for divorce.

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.

No. For divorce by agreement, both parties need to be present and bring their household registration booklet, marriage certificate, ID card, divorce agreement and ** to the Civil Affairs Bureau for processing.

Given your situation, if the other party does not come back, the only way to divorce is to sue for divorce.

Divorce by mutual agreement must be attended by both parties in person, and only one party cannot handle it, so it is recommended to deal with it through the court.

It can only be filed in the form of a lawsuit.

Divorce by mutual agreement can only be filed if both parties go together, and if one party is away but wants to apply for divorce, the only way to file for divorce is to file for divorce through the court.

No, both parties must go to the Civil Affairs Bureau for divorce, bring their marriage certificates, household registration books and ID cards of both parties, and then the Civil Affairs Bureau will mediate and agree to divorce.

You can appoint a lawyer, and he will tell you how to do it, and ask for a domestic lawyer.

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.

Legal Analysis: If one party goes abroad and the other party still resides in China, the man and woman voluntarily divorce and reach an agreement on child support and property disposal, and one of the foreign parties can return to China, both parties can still jointly apply for divorce registration at the marriage registration authority at the place where one party is registered in China or where the person who went abroad before he or she went abroad. According to the law, if one of the parties 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 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 the following circumstances, if the mediation fails, the divorce shall be granted:

1) bigamy or cohabitation with another person; Loss.

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.