Our law firm has accumulated rich experience in handling foreign-related divorce cases. We have been successfully handled divorce litigation involving two aliens, one alien and one Chinese, one Chinese residing in China and the other residing aboard. These citizens or residents from the country /region, including but not limited to the United States, Germany, Canada, New Zealand, Taiwan, Macao and South Korea. We provide clients with full legal guidance to help clients form their own divorce strategy and protect their legitimate interests. The time to complete the divorce proceeding varies, depending on the special circumstance of each case. The fastest case takes half a day while the slowest case takes about two years.

Information/Documents provided by clients

No.	Content	Remarks
1	Copy of passport/ Copy of Chinese ID (husband and wife)	Aliens provide the copy of passports; Chinese citizens provide copy of Chinese ID; If not available, please provide Identification information of both parties
2	Copy of marriage certificate
3	A brief introduction on how the parties got to know each other and the reasons for divorce
4	Proof of residence or accommodation Registration Form	Our lawyer will provide you with samples
5	Birth Certificate	Provide it when a minor child is involved.
6	List of Marital assets and Marital debts	Provide it when marital assets are in issue.
7	Contested divorce or uncontested divorce	Contested divorce: both parties do not reach an agreement on divorce Uncontested divorce: the parties agree to the divorce and there is no further dispute
8	Residential Address, Tel, email of both parties

 

Legal service process

Step	Content	Remarks
1	Based on the above documents/information provided by the client, our lawyer will give you a preliminary assessment of your case.	The decision whether our lawyer will or will not take your case shall be made on the basis of the preliminary assessment.
2	Legal service agreement and power of Attorney shall be signed	If the case is accepted.
3	Our lawyer will give clients detailed instructions, make relevant investigation, prepare the legal documents to be signed by Clients, attend the court hearing and obtain the judgment.	Our lawyer will inform you any updates of your case.

 

Grounds for Divorce
(1) bigamy or live with other person not of his/her spouse
(2) family violence or abuse or abandonment
(3) Addict to gamble or illegal drugs and cannot change
(4) Separation for two years
(5) Other factors causing the emotional break

Additional requirement
(1) If the spouse of a soldier in active service desires a divorce, the soldier's consent must be obtained unless the soldier is in grave fault.
(2) A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of the child or within six months after termination of pregnant. This restriction shall not apply in cases where the wife applies for a divorce, or when the court deems it necessary to accept the divorce application made by the husband.

Marital property
The following items are regarded as marital property:
(1) wages, bonus
(2) income of production and business
(3) income of intellectual property；
(4) property from inheritance and donation, except for the property determined to the one party
(5) the other property possessed jointly　　

Individual property
The following items are regarded as individual property:
(1) pre-marriage property
(2) medical compensation and subsidy for the handicapped because of personal injury
(3)property determined to give one party through a will or a donation agreement
(4)the other property of one party

Agreement between the parties
Husband and wife may reach an agreement to dispose the property obtained during the marriage and property obtained before marriage, possessed individually by husband or wife, possessed jointly by husband and wife or part possessed jointly and individually.

Custody, visitation and child support
(1) Both father and mother shall, after divorce, have the right and the obligation of upbringing their children.
(2)It is the principle that the children during lactation shall be brought up by their mother after the divorce of the parents. If any dispute arises concerning which party shall bring up the children beyond lactation, such dispute shall be settled by the court according to the specific conditions of both parties and in light of protecting the rights and interests of the children.
(3) After divorce, the parent that does not directly bring up the children has the right to visit the children, and the other party has the obligation to give assistance.
(4)If the right of visitation is unfavorable to the body and mind of the children, the court shall suspend the right of visitation and recover it after the factors of suspension disappear.
(5)If, after divorce, one parent has been given custody of a child, the other parent shall　bear part or the whole of the child's necessary living and educational expenses. The two parents shall seek agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the court shall make a judgment.
(6) The agreement or court judgment on the payment of a child's living and educational expenses shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what was decided upon in the said agreement or judgment.