Divorce proceedings the court jurisdiction

Under the jurisdiction of the court in divorce proceedings

Jurisdiction over a divorce case, the common problems

According to the law of our country, the jurisdiction of the general principle of the plaintiff to the defendant, that is to say, should initiate divorce proceedings to the account the location of the court or habitual residence of the court, but the case, the plaintiff's domicile has the jurisdiction court.

1, do not live in the territory of the people's Republic of Chinese
       2, to declare One's whereabouts is a mystery. or missing people
      3, the reeducation through labor
      4, persons in prison, sentenced person filing
      5, one of the spouses to leave the residence one year of divorce proceedings, come under the jurisdiction of the people's court
      6, the couple left the domicile of a year of divorce, under the jurisdiction of the people's court by the habitual residence, the defendant has no habitual residence, place of residence by the plaintiff is the jurisdiction of the people's court.

Proof of residence -- often evidence:

Temporary residence permit or residence permit, and local jurisdiction that public security police issued etc.;

The streets, residential neighborhood, a certificate issued by the housing management authority certificate and so on;

Issued by the housing lessors witness testimony, housing lease contract, rent receipts etc.;

All kinds of proof of payment, the payment voucher for heating costs, electricity, water, sanitation fees, property fees and so on;

Other labor contract, to participate in social security proof, testimony of witness

Questions of jurisdiction two, military divorce
Military Divorce Jurisdiction can be divided into eight cases, military soldiers, military prosecution divorce prosecution of civilian military military prosecution divorce, divorce, non military civilian military prosecution of military, civilian military civilian military prosecution divorce divorce, divorce, non military civilian military prosecution of non military actions against military divorce, non military civilian military divorce.
1, non military on military divorce proceedings, come under the jurisdiction of the people's court.
2, the other seven cases, are under the jurisdiction of the people's Court of the place where

Three, Foreign Divorce Jurisdiction

According to the judicial practice of our country, our country foreign marriage means should be involving foreign elements of marriage. Including Chinese marriage with foreigners, relates to Hong Kong and Macao marriage, overseas Chinese, overseas staff, the student studying abroad, the marital relationship.

1, Chinese with foreigners divorce court jurisdiction.

Chinese citizens and foreigners in China the divorce agreement, the two sides should to determine the provincial or provincial government China citizens the seat of permanent residence of the marriage registration office for divorce. If the marriage registration is handled in the China overseas or in Hong Kong and Macao, in Chinese only through litigation divorce.

Chinese citizens and foreigners divorce proceedings in China, divided into two types. If the two sides in the country, under the jurisdiction of the court at the domicile of the defendant; if a party in the country, the other party in a foreign country, no matter who divorce, one party is located the domestic jurisdiction.

A Foreign Divorce Jurisdiction level, each have different places, taking Beijing as an example, the dispute of property more than 500000 yuan of foreign-related divorce cases shall be under the jurisdiction of the intermediate people's court, other foreign-related divorce cases shall be under the jurisdiction of the grassroots people's court.

2, Hong Kong and Macao residents with the mainland residents to divorce court jurisdiction

If the marriage registration is handled in mainland, both non controversial to the mainland side where the permanent residence of the marriage registration office for registration of divorce; controversial or not in the mainland for marriage registration, divorce proceedings should the people's court to mainland residents a permanent residence is proposed.

If both sides for Hong Kong and Macao residents in the mainland, the marriage registration is handled, no dispute may apply to the marriage registration office to apply for divorce; divorce dispute to the people's court the last home residence prosecution.

From Taiwan to China citizen, settled, and Taiwan's divorce, divorce to settle the local people's court.

3, overseas and mainland residents to divorce court jurisdiction

Divorce party for overseas Chinese, the other party to local residents, divorced and non controversial, to a permanent residence at the provincial or the marriage registration office for divorce agreement; dispute shall be brought to the people's court in the locality of the party.

Divorce are overseas Chinese, one living in the home, the other party living abroad, the two non controversial, to a permanent residence at the provincial or the marriage registration office for divorce agreement; dispute shall be brought to the people's court in the locality of the party.

  Divorce is overseas Chinese living abroad, should in principle be divorce in the country of residence in accordance with the law of the country of residence. If the country of residence is not accepted, can be the difference between the situation according to the following method to handle.
  A. if the two sides are the original marriage registration in China, can return to the original registration authority people's court at the domicile of the marriage registration office or the marriage registration to file for divorce;
  B. if they are the original in China's embassies and consulates of the marriage registration, the two non controversial to the original handling marriage registration of Chinese embassies and consulates in divorce proceedings, the dispute shall be charged to the account where the people's court before going abroad at last;
  C. if they are in the marriage registration office of foreign marriage registration or hold a wedding ceremony, their divorce cases in China the marriage registration office shall not accept, but it can be to the original account where the people's court shall last residence or the domestic sued for divorce.
  D. if the two sides have returned to settle in, if they are to apply for marriage registration in China, both non controversial, can be to any party for permanent residence registration of divorce the marriage registration office is located, the controversial divorce to the people's court where the defendant. If they had been in the marriage registration office of foreign marriage registration or solemnization of marriage, divorce to the people's court where the defendant.

4, overseas staff and students to divorce court jurisdiction

Divorce party to go abroad, a party in the country, the voluntary divorce without dispute, both parties shall apply for divorce registration jointly to the domestic party's domicile or overseas travel before the domicile of the marriage registration office, controversial can sue to the people's Court of the place where a party;

At the time of divorce both parties to go abroad, such as the marriage registration is in our embassies and consulates handled, no dispute shall be the original registration to the foreign embassies and consulates in divorce registration. Country of residence does not admit foreign consulates for divorce registration and permit divorce in the country, can apply for divorce or return divorce in the country of residence. The dispute, may bring a lawsuit to the people's Court of the place of domicile country before party.

The divorce proceedings, the jurisdiction is a problem, both often is not on the registration, especially one in foreign countries, a party in the country, in the domestic side generally can sue in the habitual residence, it also embodies the humanization of law.