Can couples file for divorce in a different place?

Legal analysis: Divorce by agreement cannot be handled in a different place, but a divorce can be sued for divorce in a different place or mediated in the court by suing for divorce. According to the relevant provisions of China's Civil Code, divorce by agreement can only be handled at the civil affairs bureau where the male and female household registration is located, and cannot be handled in other places.

If the couple lives and works in a foreign country all year round, one party can choose to sue for divorce if the divorce by mutual agreement fails. 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 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: If it is a divorce by agreement, it cannot be handled in a foreign country, and a litigation divorce requires that the defendant has lived in a foreign place for more than one year before the divorce can be handled in a foreign country. However, if both parties agree to the divorce and can reach an agreement on matters such as custody of the children and the division of property, they can go to the civil affairs department of either spouse's household registration to handle the divorce.

Divorce cannot be agreed upon elsewhere. If the parties cannot reach an agreement on divorce, property, children, etc., and can only divorce through litigation, the competent court shall be the basic people's court where the defendant has resided for more than one year.

Legal basis: 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 permanent residence to register the divorce.

Legal analysis: If the man and the woman have voluntarily divorced and have reached an agreement on issues such as child support and property division, both parties shall jointly go to the marriage registration department where one of the parties has a permanent residence to go through the divorce formalities. This is commonly referred to as a divorce by mutual agreement or voluntary divorce.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

Where the 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 disposition.

Legal analysis: Both parties can obtain a divorce certificate in a different place, and if the two parties agree to divorce, both parties must apply for divorce registration in person at the marriage registration and training agency where one party's household registration is located. Where both husband and wife have been in a different place for more than one year, the people's court at the defendant's habitual residence has jurisdiction, and where there is no key to the defendant's habitual residence, the people's court at the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.

Legal basis: Article 1078 of the Civil Code If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Couples can divorce in a different place. However, you can only sue for divorce, not divorce by agreement. According to the relevant laws and regulations, if the parties voluntarily divorce, they shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

Where both parties are unable to jointly go to the above-mentioned organs to handle the divorce and other registration files, they may file a divorce lawsuit with the people's court for the defendant's domicile or habitual residence.

[Legal basis].

Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the registration authority for divorce registration at the place where one of the parties has permanent residence.

Article 12 of the Interpretation of the Supreme People's Court on the Use of Adaptation and Reform Bureaus.

In cases where one of the spouses has been away from the place of domicile for more than one year and the other party files for divorce, the people's court for the place where the plaintiff is domiciled may have 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 defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.

Summary. Hello, yes, but you need to sue for divorce and file a lawsuit against the defendant's domicile, provided that the defendant has lived there for more than one year.

Hello, yes, but you need to sue for divorce and file a lawsuit against the defendant's domicile, provided that the defendant has lived there for more than one year.

Divorce by agreement: If a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration office where one of the parties has permanent residence. Where a Chinese citizen and a foreigner voluntarily divorce in Chinese mainland, or where a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration office where the mainland resident has a permanent residence to register for divorce.

Litigation divorce: The principle of filing a lawsuit is generally in the place of household registration, but if the location of the household registration is different from the place of habitual residence, or the place of habitual residence is the standard. Habitual residence refers to the place where the person has lived for a continuous year before the indictment, except for those who seek medical treatment.

If one of the spouses is away from the place of residence for more than one year, the people's court at the place where the plaintiff is domiciled and the defendant is domiciled may have jurisdiction.

Thank you. Divorce by litigation shall go through the following procedures: 1

If you want to get a divorce, you can file a case with the basic court of the defendant's domicile with your ID card, household registration book, complaint and copy, marriage certificate, etc. 2.If the conditions for non-litigation are met, the court will file the case within seven days and file the file; Where the requirements for initiating a lawsuit are not met, a written ruling is to be made within 7 days and is not to be accepted.

3.The court shall send a copy of the complaint to the defendant within five days from the date on which the case is filed, and the defendant shall file a reply within 15 days from the date of receipt. 4.

Cases heard by the court: if the ordinary procedures are applied, the trial will be concluded within six months; If the summary procedure is applied, the trial will be completed within three months. 5.

If the court announces the verdict in court, it will send the verdict within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.