Divorce in China-What Options You Have?
If for some reason, the couple have to splitup, what to do in China?
There are two options.
1. Split up peacefully by signing a divorceagreement.
Under this situation, the couple shall apply to local Civil Affairs Bureau for divorce. The Civil Affairs Bureau will issue a Certificate of Divorce if they are convinced that:
1) the couple are indeed willing to split up and;
2) they have made proper arrangements for bring-up of kids and have properly disposed of their asset.
2. File a lawsuit if can’t split uppeacefully.
If either the husband or wife doesn’t want to split up, or if though the couple both want to split up, but fail to reach anagreement about how to bring up the kids or dispose their asset, then either party could file a lawsuit to get divorced.
Just like in any civil cases, the couple may hire lawyer to represent themselves in the court. However, the couple should participate in the court hearing in person even they already hired a lawyer.
As a rule, the court shall make mediations during court hearing, which is anecessary procedure in a divorce suit. Divorce shall be granted if mediation fails and the judge is convinced that mutual affection between the couple doesn’t exist any more.
Besides, if any of the following circumstances occurs and mediation fails, divorce will be granted:
a. either party is a bigamist or co-habits with a third party;
b. there is domestic violence or abuse or abandonment of any family member;
c. either party is indulged in gambling, drug-abuse or has other vicious habits；
d. the couple have been separated due to emotional incompatibility for up totwo years;
e. other circumstances that lead to breakdown of the couple’s feelings.
However, the husband may not file a divorce suit when his wife is pregnant, orwithin one year after giving birth to a kid, or within six months after interruption of pregnancy. But usually, this restriction shall not apply to the case wherethe wife files a divorce suit.
3. How to split asset
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4. Who to bring up the kids
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