The process of divorce in China
The process of divorce in China
Divorce in China is a legal procedure with several procedures that may be drawn out and challenging. The nation's divorce laws and processes have undergone major modifications, the most recent in 2021. In this article, we'll talk about the divorce process in China, including the reasons for divorce, the legal processes involved, and how divorce affects both sides.
Legitimate reasons for divorce
Legitimate reasons for divorce include irreconcilable differences, adultery, domestic violence, desertion, and criminal activity in China. The most frequent reason for divorce is irreconcilable differences, which arise when a couple cannot compromise and keep their marriage intact. Infidelity, defined as a spouse having an affair outside of the marriage, is another typical cause of divorce in China. If one spouse physically or emotionally abuses the other, this might also cause divorce. Desertion occurs when one spouse leaves the other for a lengthy period without intending to return. Lastly, if one spouse is found guilty of a crime and given a jail term, this might also cause divorce.
Legal Process
Administrative and judicial divorce are the two major divisions of the legal divorce process in China. Couples who satisfy certain requirements, such as not having children or property problems, may choose the streamlined procedure of administrative divorce. This procedure is submitting a joint divorce application to the local civil affairs bureau and is often quicker and less costly than a court divorce. The bureau will examine the application and issue a divorce certificate if all conditions are satisfied.
Child custody and property partitioning
Couples with children or marital property issues must undergo the more difficult legal divorce procedure. It entails submitting a divorce case to the neighborhood people's court and going through several court hearings. The first stage is to file a divorce complaint with the court, including the grounds for the divorce and any demands for property partition, child custody, or spousal maintenance. After reviewing the complaint, the court will schedule the first hearing.
The court will try to reconcile the parties' differences and urge them to come to a resolution on their own at the first hearing. If a settlement cannot be reached, the court will set up more hearings and can order the couple to participate in mediation sessions. If the couple cannot agree, the court will issue a final determination about property division, child custody, and spousal assistance based on the information given at the hearings.
Consequences of divorce
Divorce may tremendously impact both parties, especially in China, where the social shame associated with divorce can be fairly intense. Divorce may have financial repercussions in addition to its emotional and psychological ones, especially when there are disagreements about the distribution of property and spousal assistance. Divorce may also impact children, especially when custody is disputed, and the kid may have to choose between living with one parent or another.
Enforcement procedure
After a final decree is made by the court, enforcement procedure may be initiated if either divorced spouse refuses to perform his/her obligations under the decree, e.g., pay or transfer compensation, child support, allocated personal property, or any other moneies or property to the other party, vacate and leave the dwelling belonging to the other party, etc., as ordered by the court within the specified time period. In such a case, the party seeking enforcement of a decree may file a petition to a competent enforcement tribunal to take an enforcement action in accordance with the Civil Procedure Law of the People's Republic of China and other applicable provisions.
In summary, divorce in China is a complicated and sometimes challenging procedure. Divorce requires several legal processes, and the reasons for it might change based on the circumstance. It is sometimes important to dissolve a marriage that is no longer functioning, even though divorce may substantially impact both parties. To successfully navigate the divorce process, it is crucial to be thoroughly aware of the legal processes and seek an experienced attorney's advice.
Robert Zhang 
Steve Li 