The Han Meimei of the Li Lei thunder of Beijing and Shanghai marries in Shanghai
Marriage hind lives in Guangzhou all the time
Because feeling is on bad terms
Han Meimei decides to sue a divorce
So the issue came
In where should be Han Meimei sued?
Divorce case is affirmatory administer general principle of the court
Normally the circumstance falls, divorce suit is adopted " accuser with respect to the accused " the principle is affirmatory administer, accuser ought to be sued to the people court of ground of the accused abode. And applicable and general district administer, by court of basic level people administer.
Namely, answer to mention to court of people of layer of foundation of the accused abode, ground of the accused abode and often occupy a dwelling place abhorrent, by often reside court of people of dwelling place basic level administer.
Alleged " abode ground " it is the; of census register seat that points to a citizen
Alleged " often occupy a dwelling place " it is to show the citizen leaves abode ground to reach the place that above already lived one year continuously when sueing, but the local except of go to a doctor of be in hospital. After the census register change that is like the accused goes have not settle, have often occupy a dwelling place, by this people court administer. Often did not occupy a dwelling place, census register change goes inadequacy 1 year, by its court of people of seat of primary registered permanent residence administer; exceeds 1 year, reside court of dwelling place people by its administer.
Below special situation by court of accuser seat people administer
If the accused attributes one of following situation by court of people of accuser abode ground administer, accuser abode ground and often occupy a dwelling place abhorrent, often reside court of dwelling place people by accuser administer:
1. does not live inside domain of People's Republic of China;
2. is missed by declare or be missing;
3. is worked breeding;
4. is imprisoned.
Common interlocution
1, is divorce suit general by which court administer?
Answer: Manage by the court of census register ground of the accused commonly. But, if the accused person has left census register ground more than one year, can by court of seat of accuser census register administer.
2.One party (Chinese citizen) go out work, should be in which court sues a divorce?
Answer: If one party goes out,work more than one year, other one party can sue a divorce in court of seat of accuser census register. Go out work to just sue a divorce, answer to be sued in court of seat of the accused census register.
3.Bilateral (Chinese citizen) all go out work, should be in which court sues a divorce?
Answer: See both sides leave census register seat to whether exceed a year above all, if do not have, criterion by court of seat of the accused census register administer. If had left census register seat one year, by when sueing, of the accused often reside dwelling place court administer. If sue when, the accused often did not occupy a dwelling place, live by the house of the accused ground court administer.
4.One party (Chinese citizen) settle in abroad, should be in which court sues a divorce?
Answer: By court of seat of census register of domestic one party administer.
5.Bilateral (Chinese citizen) settle in abroad, should be in which court sues a divorce?
Answer: In principle is sued in resident country. Unless settle country reject a complaint (sue with must be in China for) , can sue in China. Separate kind of state: If be in what home marries, conclude in marriage the ground or a final room dwelling place in home court administer. If be in what abroad marries, be in seat of one party primary registered permanent residence or court of final room dwelling place administer.
6.Bilateral (Chinese citizen) be in abroad but not resident, should be in which court sues a divorce?
Answer: By court of seat of primary registered permanent residence of accuser or the accused administer.
7.Both sides all obtains foreign nationality, whether sue in China?
Answer: Both sides all settles in China, settle by the accused ground court administer; One party settles in China, criterion by resident court administer.
8.Bilateral (Chinese citizen) all settle foreign country and had divorced, break up to lodge a complaint with respect to domestic riches, should arrive which court is sued?
Answer: Sue in belongings seat court.
9.One party is in a detention house or prison serve a sentence, just answer additionally to which does the court sue a divorce?
Answer: Sue in seat of accuser census register, like accuser census register seat and often occupy a dwelling place abhorrent, often reside a dwelling place to sue in accuser. Often occupying a dwelling place is to show the citizen leaves abode ground to reach the place that above already lived one year continuously when sueing, but the local except of go to a doctor of citizen be in hospital.
10. both sides all is imprisoned, should to which does the court sue a divorce?
Answer: In principle by court of seat of the accused primary registered permanent residence administer. Had been imprisoned like the accused a year of above, prohibit ground court by inspect administer.
11. soldier divorces, should to which does the court sue a divorce?
Be not the divorce suit that the soldier offers to the soldier, if military one party is soldier of blame civil service, by court of people of accuser abode ground administer.
Party of divorce suit both sides is a soldier, by ground of the accused abode or the people court of the place where troops are stationed of unit of conglomerate form above that the accused is in administer.
