Military divorce cases shall be under the jurisdiction of local courts are divided into four kinds of situation:

one is non military civilian cadres of non military divorce proceedings. "Opinions" provisions of the first paragraph: "Eleventh non military on military divorce litigation, if the military is a non civilian one soldier, come under the jurisdiction of the people's court." Here the "non civilian military civilian cadres", refers to the outside of the military, the people's Liberation Army and people's armed police forces active Army (police) officers, soldiers and cadets with military status. Here the "domicile", according to "opinions" provisions of article fourth, refers to the citizens of the place of domicile.

second cases non military to civilian cadres divorce proceedings. In accordance with the provisions of the Civil Procedure Law Article twenty-second, should be "the plaintiff to the defendant" principle to determine the jurisdiction, the jurisdiction by the court at the domicile.

third cases are the military to military divorce proceedings. "Opinions" Eleventh paragraph second: "divorce proceedings the parties are soldiers, under the jurisdiction of the people's court by the defendant has his domicile or where the defendant or regiment level station." Therefore, filed for divorce one can according to their own wishes, in the above the domicile of the defendant and the defendant court regimental choice between unit resident court.

is the fourth soldiers to non military divorce proceedings. Provisions of the criminal procedure law of twenty-second civil: civil lawsuit brought against a citizen, under the jurisdiction of the people's Court of the place where. The defendant has his domicile and habitual residence is not the same, under the jurisdiction of the people's court. That is to say, the military to non military filed for divorce, governed by non military court at the domicile.

The military civil including some military divorce cases, cases, by the military court. Its basis is the Supreme Court "on the reply of military court trial hearing civil cases of the army" (hereinafter referred to as the "reply") in the first paragraph first: "thirty-seventh of the civil procedure law according to the provisions of the first paragraph of the spirit, the military court trial hearing both parties are active duty military troops management, retired cadres, military in the series staff and workers or military legal civil cases."

here "civil cases, according to the civil procedure law" provisions of article third, is refers to the citizen, legal person between, between other organizations and between the three of them due to the property and personal relations filed civil. Among them, the military belongs to the "marriage law" adjustment of the marriage and family relations, the divorce is a soldier in divorce cases. Here "the management in the army retired cadres", is to specify the Army (police) officers, and civilian cadres retired, the administrative, organizational relationship, housing and wage by the management in the army retired, retirement; here the "forces on the staff members and workers", refers to the preparation, approval, into the army the Department of labor and personnel from the army troops and local management of staff and workers. The military men divorce, active duty soldiers and servicemen, management in the army retired cadres, military on the staff members and workers between the divorce case, can be under the jurisdiction of the military courts.

military civil cases by the supreme military court voluntary. "Reply" second also provides that: "the parties to the military court voluntary principle, namely, the plaintiff may bring a lawsuit to a military court, may also bring a suit to the local people's court." That is to say, active duty soldiers and servicemen, management in the army retired cadres, military on the staff members and workers between the divorce case, no matter who first filed for divorce, can be in between the military court and the district court, the court of appeal to choose according to their own will.