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DIVORCE BY LITIGATION IN CHINA

Generally speaking, the contentious divorce will be granted by the Chinese courts when at least one of following conditions can be satisfied:

– where circumstances causing the alienation of mutual affection exist (so-called “loss of affection”);

– where the spouses have lived separately for over two (2) years because of incompatibility;

– where a spouse has committed bigamy or has cohabited with a third party;

– where a spouse is has committed acts of domestic violence or has otherwise maltreated his/her spouse;

– where a spouse has a long-term gambling or drug addiction;

– where a spouse is declared missing.

As litigated divorce will take longer and cost more to handle than a consensual divorce. Generally speaking, no matter how hopeless the differences may seem, it is almost always a good idea to try and end the marriage through a negotiated divorce settlement.

To get the process started, you should try to have available the following documents:

Marriage Certificate;

Passport;

Work Permit or Foreign Expert Certificate;

Police Registration Forms;

Birth Certificate(s) (for minor children only);

Ownership Certificate(s) (if you own real estate)

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