She is not in China, can I file for divorce?

You can file for divorce, and if the other party doesn't love you and doesn't contact you, you can do exactly what you can do.

Legal analysis: If Chi Min and his foreign spouse are registered for marriage in China, they can directly file a divorce lawsuit in China. After a Chinese citizen files a divorce lawsuit with the court, the court filing the case submits the relevant legal documents to the Supreme People's Court, which serves the defendant through diplomatic channels in accordance with the Hague Service Convention or bilateral judicial agreements.

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.

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. 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.

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

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

Divorce can be registered by way of litigation.

It is possible to authorize a lawyer.

As long as you are registered in China and have a marriage certificate, you can get a divorce, and it is voluntary and free like marriage.

Look at you as the ** person, the marriage certificate you apply for there, and you divorce there.

1. The economic problem is lacking dust.

In married life, many women are often in an economically disadvantaged position, not as rich as men, but are required to take on the same responsibilities as men to raise children and support families. Many women are worried about high housing prices, burden-bearing mortgages, and children's education, diet, and nutrition costs. Divorce also involves the spouses' property, including a house, car, household registration, taxes, and various stresses.

Many couples will bow to financial pressure, even if the marriage is unhappy, but if they are divorced, it will be more difficult to raise the family alone.

2. The problem of face and children.

Chinese attach great importance to face, and family ugliness is something that ordinary people do not want to mention, so many couples would rather break their teeth and swallow blood than easily choose divorce after the relationship breaks down. Because after two people get married, it is not only a problem for two people, but also a problem for two families. After the divorce, the husband and wife cannot face their parents, their respective relatives, relatives and friends, and outsiders pointing fingers behind their backs.

Many couples choose to be together for the sake of face, and they also choose to be together for the sake of their children. They are afraid that after the divorce, the children will have no father and no mother; They want to give better care to their children and protect their children's growth.