Can she handle the foreign related divorce by herself if she does not agree?

One step slower and there is nothing. I advise you to start first, this is a big deal, and it won't cost you dozens of dollars to find a professional lawyer quickly, and people will give you ideas. It's a fraud, but why did you just leave, really!

Do you have any prior justice or agreement with her name on the house?

Find a lawyer. Don't agree to a divorce until he changes the house back to your name.

Leave evidence everywhere and don't give such bad people a chance.

Yes, she went to the court to file for divorce on her own, and if she was separated for three years, she would be automatically divorced

If one party to a foreign-related divorce does not agree to the divorce, the other party may file a divorce lawsuit with the court as long as the conditions for divorce by litigation are met. The conditions for the court to grant a divorce are evidence that the relationship between the husband and wife has broken down and the mediation is ineffective, specifically: bigamy or cohabitation with another person; Committing domestic violence or abusing or abandoning family members.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where 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. 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 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 destroys socks and 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.

1) The parties can reach a mediation settlement.

1.If a foreign party entrusts a domestic relative, friend or lawyer as its litigant to fill in a fixed form of power of attorney, divorce opinion, written power of attorney and divorce opinion on behalf of the party, it must be authenticated by Chinese embassies and consulates abroad. Then sue for divorce in a domestic court.

2.At the same time, a civil lawsuit may be filed with the people's court where it is located, and it is best to state in the complaint the fact that the divorce issue has been basically agreed upon, so as to obtain the court as soon as possible.

3.After the court chooses a date, the plaintiff and his ** person and the defendant ** reach a mediation agreement on the divorce issue. According to the relevant provisions of the Supreme People's Court, in foreign-related civil litigation, a mediation document shall be issued after the two parties reach an agreement through mediation.

Where the parties request that a judgment be issued, a judgment may be drafted in accordance with the content of the agreement and served on the parties. After a certain period of time, the effective legal instrument can be obtained.

2) The parties have not reached a mediation solution.

1.A domestic party files a divorce lawsuit with the court.

2.A foreign party files a divorce lawsuit with the people's court. It should be noted that, unlike the divorce cases of the husband and wife who are currently residing in China, if one of the parties outside China is unable to return to China or does not want to return to China, it is also okay, as long as they go through the relevant formalities and entrust a person to participate in the litigation.

1. Principles for Handling Foreign-Related Marriages in Divorce Proceedings.

1. General principles of our country.

The general principle that the plaintiff has territorial jurisdiction over the defendant should be followed in foreign-related divorce cases: civil lawsuits filed against citizens shall be under the jurisdiction of the people's court at the place where the defendant is domiciled, and if the defendant's domicile is inconsistent with the place of habitual residence, the people's court at the place of habitual residence shall have jurisdiction.

2. The special principle of our country.

1) Litigation concerning identity relationships brought against persons who do not reside in the People's Republic of China shall be under the jurisdiction of the People's Court of the People's Court of 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.

2) After marrying in China, if the court of the country of residence does not accept the divorce lawsuit on the ground that the court of the country where the marriage is concluded needs to be under the jurisdiction of the court of the country to which the marriage was concluded, and both parties return to China and request the people's court to handle it, the people's court at the place where the original marriage was registered or where the defendant was originally registered may accept it.

3) For overseas Chinese who are married abroad and have settled abroad, the people's court will not accept such divorce cases in principle. If the country where the defendant is located refuses to accept the case on the grounds of the nationality of the parties, and both parties return to China and request that the people's court handle it, the people's court for the place where the defendant was originally registered may accept it.

4) If one of the Chinese citizens resides abroad and the other resides in China, the people's court at the place where the domestic party is domiciled has jurisdiction over which party files a divorce lawsuit with the people's court. If a foreign party files a lawsuit in the court of the country of residence, and the domestic party files a lawsuit in the people's court, the people's court to which the lawsuit is filed has jurisdiction.

5) If both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce with the people's court, the people's court of the original domicile of the plaintiff or defendant shall have jurisdiction.

6) The jurisdiction of divorce cases involving Hong Kong, Macao and Taiwan shall be handled mutatis mutandis as foreign-related cases.

No. [Divorce Procedure] 1. If the parties voluntarily divorce, both parties must go to the marriage registration authority where one party's household registration is located to apply for divorce registration. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management authority: 1. Proof of household registration of both parties; 2. Resident ID cards of both parties; 3. A letter of introduction issued by the unit or village (resident) committee; 4. Marriage certificate or certificate of relationship between husband and wife; 5. Two recent one-inch bareheaded photos of the parties; 6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

3. The marriage registration authority shall examine the divorce application of the parties, issue a divorce certificate within one month if the conditions for divorce are met, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved. 4. If one of the parties to the divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit with the people's court. 5. Charging standards:

The cost of production is 20 yuan. Divorce by agreement is generally filed at the original marriage registration authority, and divorce by litigation is generally filed at the place where the defendant is located. 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.

The advantages of uncontested divorce are time-saving and economical. Generally speaking, if the materials are complete, Hengshu can complete the divorce procedures by agreement in about half an hour. However, the requirements for divorce by mutual agreement are stricter, and the husband and wife must agree on the intention of the divorce, the division of property, child support, etc.

Litigation divorce is more complicated, and in addition to the materials required for divorce by agreement, it is also necessary to prepare pleadings, evidence and other materials. As far as the trial time limit is concerned, if the summary procedure is applied, the trial time limit is 3 months (generally simple cases can be completed in 1 month); Where the ordinary procedures are applied at trial, the trial time limit is 6 months. In the case of a second-instance trial, the trial time limit is 3 months.

In the case of divorce by litigation, if there are no legal circumstances for divorce, it may be necessary to sue at least twice (at least half a year between each essays).

Hello, foreign-related divorce related litigation procedures and litigation materials.

01Notarization and certification.

First of all, according to the laws of China, the evidence materials related to identity relationships formed outside the territory (excluding Hong Kong, Macao and Taiwan) need to be notarized and authenticated, but for evidence outside the identity relationship formed outside the territory, it only needs to be notarized.

Evidence of identity relationship refers to marriage certificate and medical certificate of birth of the child. For matrimonial cases, evidence other than identity mainly refers to evidence of relationship breakdown, as well as evidence of alimony and property.

At this time, the role of the lawyer is not only to guide the parties to do notarization and certification, but also to guide the parties to collect evidence in order to better compete for benefits.

02Translation by the Designated Agency.

Secondly, after the above-mentioned evidence has been notarized and authenticated, it is also necessary to go to a translation agency designated by the court for translation. Because the court-appointed translation agencies in different provinces are also different, you can go to the local court website to find the designated translation agency according to your actual needs.

03 Court of Jurisdiction.

Thirdly, after the above-mentioned procedures are completed, the competent court of the case can be determined according to the actual situation. Although each case is different, the basic principle for determining the competent court is still "the plaintiff is the defendant", and in special cases, "the jurisdiction of the plaintiff's domicile" is applied.

04 The court filed the case.

Fourth, after the competent court is determined, the parties can bring the plaintiff's identity certificate, the complaint and relevant evidence to the court to file the case. It should be noted that if the indictment is not properly written, or if there are problems with the evidentiary materials, the court will not file the case.

05 Litigation Procedures.

Fifth, after the court accepts the case, it will involve specific litigation procedures such as service, judgment, etc.

About foreign-related service.

At this time, if the parties do not appoint a lawyer in China, the time for foreign-related service will be very long, but if there is a lawyer in China, it will be very time-saving. Two different programs have two extremes in terms of time.

Concerning**. After serving, the court will organize **, China's law stipulates that the parties to the Huailian divorce case need to appear in court in person in principle, except with the permission of the court.

At this time, if there is a lawyer, the lawyer will contact the court in advance and apply for the client not to appear in court. And when it is official, the lawyer will also appear in court and complete the trial according to the instructions of the parties, so as to strive for more interests for the parties.

In addition, it should be noted that if one of the parties is a foreigner or although both parties are Chinese, they enter into a marriage in a foreign country, and if they want to prove their marital status in a foreign country, then they can only file for divorce, because the divorce judgment can be recognized abroad.

If you want to save time and worry about going through the divorce process, it is recommended to entrust a professional lawyer to handle it.

How to divorce a foreign-related marriage should be determined according to the specific circumstances:

1. If both parties have Chinese nationality and their marriage is registered in China, if both parties can return to China, they can apply for divorce by agreement or litigation; If one party is unable to return to China, the domestic party can file a divorce lawsuit with the court of its domicile, and then the foreign party can entrust a person to participate in the lawsuit on its behalf.

2. If a Chinese citizen and a foreign citizen are divorced and the divorce is registered in China, if both parties are present, they can go through the divorce registration formalities at the foreign-related marriage management authority. If the foreign party is unable to attend, the domestic party can file a divorce lawsuit with the court of its domicile, and the foreign party can entrust a person to participate in the lawsuit.

3. If the divorce between a Chinese citizen and a foreign citizen is handled abroad for marriage registration, the marriage registration certificate issued abroad must be notarized in the country where it is located, and then authenticated at the embassy or consulate of the Chinese government in that country, and then the divorce shall be handled by litigation.

In the case of foreign-related marriage divorce in China, it shall be carried out in accordance with the provisions of China, and the following procedures shall generally be followed to sue for divorce:

1. The party who wants to divorce submits the complaint and evidence to the court;

2. The court reviews the complaint;

3. Accept cases that meet the requirements for accepting memorials;

4. Filing cases that meet the requirements for prosecution.

Legal basis: Article 120 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 123.

The people's courts shall ensure the parties' right to sue in accordance with the provisions of law.

Lawsuits against the World Chain or in accordance with Article 119 of this Law must be accepted.

Where the requirements for initiating a lawsuit are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Foreign-related divorces in China must comply with the Marriage Law of the People's Republic of China and relevant legal provisions. First of all, both parties should voluntarily file for divorce, and both parties should apply to the relevant authorities. If one party does not agree to the divorce, they can file a lawsuit with the court.

Then, according to the relevant provisions of the Civil Lease Procedure Law of the People's Republic of China, the parties shall submit applications, materials, supporting documents and other materials to the local or local people's court. If one party is unable to attend the Qingjin site or is unable to be present, the application can be made on behalf of the party through the ** person. Finally, in accordance with the relevant provisions of the Measures for the Enforcement of Civil Rulings of the People's Republic of China; For the rulings and rulings that have already taken effect, they must be handled in accordance with the enforcement procedures before they can officially take effect.