Divorcing in China

Hello everyone,

Reaching the decision to seek divorce can be hard. Filing the papers as an expat in China can be as taxing since a good grasp of legislations is needed and the process can prove to be tedious.

Where and how do you apply for a divorce in China? How long does it take for the process to be completed?

If the couple has children, which measures can be taken in order to protect their interests?

Which procedures should be completed so that the divorce is legally recognized in the country of origin?

How is divorce viewed in China?

Being away from one's home country and loved ones, what advice do have for staying strong emotionally and mentally in this situation?

Thanks for sharing your experience.

Diksha

My wife went though that process before we got married. It was ... painful.

The husband MUST agree. Both people MUST agree to get the divorce. Or else there will be all kinds of problems.

Not like the USA, where only one person must request a divorce.

Ground rules...

[1]  Use an attorney. They are worth their weight in gold.

[2]  It will not be pleasant as everyone will have their opinions presented to the judge.

[3] It will take time, and it could be dangerous. (Read my lips. Dangerous.)

YOU do not look Chinese- so I assume you married a CHINESE GUY?
I will also ASSUME- you married IN CHINA and have the RED MARRIAGE BOOK that is about the size of a passport.
Chinese law (I know because I had a Chinese wife years ago) is actually more simple than western law regards divorces.
1. IF THERE ARE CHILDREN: if you have a boy- MOST LIKELY the boy will stay with his father. IF YOU HAVE A GIRL- most likely YOU will easily get full custody BECAUSE CHINESE MEN will never want to keep a Half-Blood GIRL. GIRLS have little value in China. CHINESE LAW FAVORS CHINESE CITIZENS- so do not waste money fighting what you cannot win.
2. You are entitled to HALF of new assets ACQUIRED AFTER THE MARRIAGE but you must prove that YOU worked and put EQUAL MONEY into those assets. YOU NEED RECEIPTS. CHINESE LOVE PAPERWORK!  If you married a rich guy and he paid for most of everything- then forget about assets. IF YOU were the rich one and he was a lazy ass- AND THE ASSETS (and house) ARE IN YOUR NAME ONLY- then you can win that battle. If the assets are in BOTH NAMES- then I would suggest you forget the assets- because he will put a LOT of pressure on you- and it could get dangerous----- really----
3. DIVORCE- china law is very simple on this point- WAIT TWO YEARS AFTER SEPARATION, and either party can file for divorce without the other persons participation.
BUT MUCH SIMPLER if you agree on the children & assets-  because then the two of you can go to the gov. reg. office with your little red books and you can walk out of there divorced after 12 minutes!
NO LAWYERS NEEDED!

When my Chinese wife & I split because she only wanted money and a UK passport- SHE WANTED A DIVORCE but I did not. I had no intention of getting married again. And of course she wanted me to PAY FOR IT! I just told her- WAIT TWO YEARS and you can get a divorce without me even knowing it!  But she already had a new boyfriend and she wanted his money- so she wanted the divorce. After much pushing and threatening- I agreed to fly to China with her and sign the divorce- BUT SHE MUST PAY FOR FLIGHTS and HOTEL and FOR MY TIME OFF WORK. She gave me the cash- we got on the flight. A taxi picked me up from my Chongqing hotel- she met me at the Gov. REG. Office and 12 minutes later we were divorced. The government lady helped us fill out the papers- so there was absolutely no need for a lawyer. Part of the papers you will sign say that you BOTH have already settled PROPERTY & CHILD ISSUES.
HOPE THAT HELPS- and best of luck---

Never use law and lawyers! Not in China, not in USA or Europe. Other people deciding your life! Forget about it! Cheat, steal, bribe, but never use law. Law will f. you. You will lose everything if you are a man. If you are a woman - hurry up! There is plenty for you to take! Get a divorce asap!

direktor----
A bit harsh- but actually very accurate! ha ha---
Sounds like you have been through the wringer as I have---
YES--- absolutely avoid lawyers at all costs!

The most easiest things in the world is about to divorce in China, no need any law process, only need both parties agree and you will become single anymore, maybe take 5 minutes or less. Saddenly i made my married license not in China and i know the feeling of "waiting" for divorce. I've got no children so no advice can be tell, but let gets stronger because it takes very quick and believe me "time" will hurt and not cure if we talk about the process of divorce.

better to consult an attorney-at-law in person