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Grounds for divorce in China

Our China divorce lawyer summarized several grounds for divorce. To successfully sue for divorce, your situation have to meet one of the grounds. If you fail to show relevant evidence to meet the requirement, that does not necessary mean that you cannot divorce. You can sue for divorce twice in a court to get divorce. So it is only a matter of time. We have Shanghai divorce lawyer, Guangzhou divorce lawyer, Beijing divorce lawyer, Tianjin divorce lawyer in our team. Contact us if you have any questions and they will be replied the same day.

Grounds for Divorce

China has both no-fault and fault grounds for divorce.

In order to bring a no-fault divorce action the party bringing the action must simple state that for the last twenty-four months that the marriage is iirretrievably broken down.

Another ground for divorce that does not require fault is a divorce based upon a legal separation agreement. In order to make use of this ground, the spouses must have entered into a valid legal separation agreement at least one year prior to the commencement of the divorce action. Also, the parties must have substantially followed the agreement, including lived apart.

Fault grounds in China divorce law include the following:

  • Abandonment by the defendant for one year: The following is a description of the three variations of abandonment in China:
  • Physical Abandonment: The defendant moved out of the marital residence a year or more before the commencement of the divorce action
  • Lock-Out: The defendant locked the plaintiff out of the martial residence a year or more before the commencement of the divorce action
  • Constructive Abandonment: The defendant, for no valid reason, has refused to have sexual relations with the plaintiff for a year or more before the commencement of the divorce action.
  • Cruel or inhuman treatment, such that the conduct of the defendant, the person against whom the divorce action is filed, so endangers the physical or mental well-being of the plaintiff, the person who filed the divorce action, as to render cohabitation unsafe or improper. If you use the grounds of cruel or inhuman treatment, several examples of such behavior must be given. The examples must include the approximate dates and places where incidents occurred. The incidents must not have taken place more than five years prior to commencing the divorce. Incidents that include any form of physical abuse are valid for these grounds. Other examples may include verbal abuse, staying out of the marital residence overnight without explanation, or threats of physical harm. A long-term marriage may require a higher degree of nonphysical abuse than a short-term marriage.

Imprisonment of the defendant for some consecutive years during the marriage: Imprisonment is a common ground for divorce. It may be used by the plaintiff if the defendant went to prison after the marriage took place and the defendant has been in prison for some years immediately prior to the commencement of the divorce action.

Adultery by the defendant. Although, adultery may be a common reason for divorce, it is not often used as grounds due to the high degree of proof that is required by the Court to grant a divorce on this basis.

Living apart for one year pursuant to a separation decree, judgment or written agreement, with satisfactory proof of substantial performance thereof. A much less common ground is a divorce based upon a court ordered legal separation. Very few people are willing to go through the time and expense of a legal action to request that the Court provide an order of separation. Accordingly, it is almost unheard of to base a divorce upon this ground.

When you are dealing with the prospect of a divorce or legal separation, it can be one of the most stressful times of your life. You may be facing financial uncertainty or issues concerning child custody, visitation and support. In some cases, you may be the victim of domestic violence and in need of an order of protection. You need a China divorce attorney you can trust, someone who will take the time to understand you, someone who will be responsive to your needs and desires, and someone with a proven record of results in contested divorce cases.

We Help You Move Forward

The decision to end a marriage is one of the most difficult and wrenching you will face. Seeking advice from a knowledgeable divorce attorney, as early as possible, will go a long way toward preserving your long-term financial and emotional health as you move toward a new future.

At this China divorce law firm, we take the time to understand your financial, intellectual and emotional needs. In addition to being highly trained advocates, we are experienced trial lawyers. That means we possess the skill and experience necessary to protect your rights and advocate for your interests in negotiations and in the courtroom.

We work hard to resolve issues short of litigation, but we are also fully prepared to aggressively represent you every step of the way. Whether you are facing an amicable uncontested divorce or a contested divorce involving disputes over money, property, division of assets, spousal maintenance (alimony) or child custody, we know what it takes to successfully represent you.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.