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TEL:86-10-84643018
 

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Alien-Related Divorce
 
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Contact Details:
TEL:86-10-84643018
FAX:86-10-84649785

Tianbo Law Firm is very experienced in divorce litigation in China. We have successfully handled divorce litigation between two aliens, a alien and a Chinese citizen, or two Chinese citizens with residence in China, any other foreign countries or the special zone. Our clients cover the citizens or residents from USA, Canada, New Zealand, Australia, Indonesia, Janpan, South Korea, Taiwan, Macao and Hongkong. Tianbo shall give clients legal guidance and assist clients in developing a divorce plan or strategy.

Statistics of Divorce Cases (related to alien citizens up to the year of 2009)

11 cases in which we represented American citizens;
5 cases in which we represented Canadian citizens;
1 case in which we represented the citizen of the South Korea;
1 case in which we represented the citizen of the New Zealand;
1 case in which we represented the citizen of Macao against his American spouse;
2 lawsuits against the client's spouse who resides in Taiwan;
1 lawsuit in which we represented the client who resides in Singapore.

Information Required

Once you decide to file divorce litigation in China, our divorce lawyer will fax or email you a list of information required, together with the divorce checklist, based on which the legal documents will be prepared. The divorce plan shall be developed for your best interest after your information is available.

About you

Name
Race
Date of Birth
Place of Birth
Nationality
Address
Tel/Fax/Email
How and when you got to know your spouse
Date of Marriage
Place of Marriage
Reason for Divorce
Copy of Your Passport/Identification Card
Copy of Your Marriage License (Later original)
Marital property in dispute (if there is)

About your spouse

Name
Race
Date of Birth
Place of Birth
Nationality
Address
Tel/Fax/Email
Copy of Passport/Identification Card of your spouse

About your Children

Name
Race
Date of Birth
Place of Birth
Nationality
Address
Tel/Fax/Email
Copy of Passport/Identification Card of your spouse

Divorce Checklist

Custodial arrangements for the children
Visitation time
Child support
Medical expenses for the children
Alimony/spousal support
Property division
Division of real estate, transfers, and deeds
Making sure that all investments are covered including limited partnerships, stocks, bonds, and savings
Marital debts
Pensions
Personal property including furniture, furnishings, art, and collectibles
Motor vehicles, including trailers and boats
Income taxes
Proper security and protection regarding property division
How to handle the discovery of hidden assets
Spouse abuse and restraining orders
Life insurance
Education expenses for children and/or spouse


The important information to file a divorce

GROUND 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 both parties desire a divorce, one party may file a lawsuit directly with a court, attaching the agreement signed by both parties. The case could be determined from one day to one month.
(2) If the spouse of a soldier in active service desires a divorce, the soldier's consent must be obtained.
(3) 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 people's court deems it necessary to accept the divorce application made by the husband.

MARITAL AND INDIVIDUAL PROPERTY

The following items are regarded as marital property:
wages, bonus
income of production and business
income of intellectual property;
property from inheritance and donation, except for the property determined to the one party
the other property possessed jointly  
The following items are regarded as individual property:
pre-marriage property
medical compensation and subsidy for the handicapped because of personal injury
property determined to give one party through a will or a donation agreement
the other property of one party
Agreement between two parties
Husband and wife may reach an agreement to dispose the property obtained during the marriage and property obtained before marriage, is possessed individually by husband or wife, possessed jointly by husband and wife or part possessed jointly and individually.

CUSTODY, VISITATION AND CHILD SUPPORT

After divorce, both parents shall still have the right and duty to bring up and educate their children.
In principle, the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the the parents over the custody of their child and they fail to reach an agreement, the people's court shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both parents.
After divorce, the father or mother without the right of custody, has the right of visitation, the other parent has an obligation of assistance.
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.
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 people's court shall make a judgment.

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.

OUR SERVICES

We could handle divorce cases within China and New York US
Clients sign retainer agreement with us and sign Power of Attorney
Clients provide basic information and evidence
We make relevant investigation
We draft the complaint and have it signed by Clients
We attend Court hearting or conference on behalf of our clients
We obtain written judgment

 

 

 

 

 

 

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