[Direct answer]In the Beijing area, if one party lives abroad and does not return to China, they can still dissolve the marriage relationship by filing a divorce lawsuit with a domestic court. According to Article 23 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024), lawsuits concerning identity relations filed against persons who do not reside within the territory of the People's Republic of China shall be under the jurisdiction of the people's court of the plaintiff's domicile. If the domicile and the habitual residence are not the same, the people's court of the habitual residence shall have jurisdiction. If the other party cannot be directly served, the court may serve the documents by means of public announcement and other methods in accordance with the law. Those who fail to appear in court after being legally summoned may be tried in absentia. If the feelings between the parties have indeed broken down and mediation is ineffective, the divorce shall be granted in accordance with Article 1079 of the Civil Code of the People's Republic of China (effective on January 1, 2021). It is recommended to first sort out the jurisdiction connection points and evidence of service, and then decide on the litigation plan.

1. Problem background and typical scenarios

One party works, studies, or resides abroad for a long time and does not return to China, while the other party wishes to dissolve the marriage in China. This is one of the most common situations in cross-border divorce. Typical scenarios include: First, the other party has settled abroad for many years and gradually lost contact with the family, with the marriage becoming a sham; Second, the other party deliberately stays abroad to avoid marital conflicts or property disputes and refuses to cooperate; Third, the two parties have reached a divorce agreement, but the divorce by agreement requires both parties to be present, and it is impossible to handle the registration in different places; Fourth, issues such as child custody and the division of domestic property and deposits need to be dealt with together; Fifth, the other party may have initiated divorce proceedings abroad, which involves the recognition of foreign judgments. When courts in Beijing accept such cases, they usually first review the jurisdiction connection points and service conditions, and then proceed to substantive trial. The relevant procedures can be referred to for reference.Marital and family matters, and divorce litigationColumn.

II. Key points of contention

Focus One: Whether domestic courts have jurisdiction. The plaintiff's domicile or habitual residence can be used as a connecting point. If both parties are foreign nationals but have resided in Beijing for a long time, the court of the habitual residence can also exercise jurisdiction. Focus Two: How to serve the foreign party. This can be done through international treaties, diplomatic channels, mail, or even public announcements. The expiration of the announcement period is considered as service. Focus Three: Whether the other party can be divorced in absentia. If the party refuses to appear in court without a valid reason after being legally summoned, the court can conduct a trial in absentia and make a judgment according to law. Focus Four: Whether the marital relationship has truly broken down. Evidence must be provided based on the circumstances listed in Article 1079 of the Civil Code. Focus Five: How to handle property and child custody issues. Domestic property can be directly divided, but there are practical obstacles in investigating and enforcing overseas assets. Focus Six: If a divorce judgment has already been obtained abroad, it must be recognized by a Chinese court before it takes effect in terminating the marriage. Specific determinations shall be based on the currently valid laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking a foreign-related divorce dispute handled by our firm as an example, we can observe the legal process when one party remains abroad or both parties are foreign nationals. Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both parties are now foreign nationals who have lived and worked in Beijing for a long time. However, the relationship broke down due to Mr. Liu's infidelity. Although the couple have reached an agreement on the division of property—Ms. Zhang owns a house in Beijing, a property abroad, savings, financial assets, and insurance, while Mr. Liu owns a house in Shanghai—they cannot proceed with the divorce registration in China because they are both foreign nationals. Ms. Zhang therefore entrusted our firm's lawyers to file a lawsuit in court. Based on the provisions of the Civil Procedure Law regarding jurisdiction, the lawyers confirmed that the couple had a habitual residence in China and that the Beijing court had jurisdiction. They assisted in preparing materials such as proof of identity and marital status, as well as property ownership certificates to ensure the successful registration of the case. They also conducted a comprehensive review of the property, savings, and financial assets owned by both parties and proposed a division plan where each party would own the assets under their name. Ultimately, through court-mediated reconciliation, the couple voluntarily reached an agreement to dissolve their marriage, with each party owning the assets under their name and bearing their own debts. The effectiveness of the mediation agreement would dissolve the marriage, providing a clear legal basis for subsequent asset disposal. In another foreign-related case handled by our firm, a party remarried without applying for recognition of the foreign court's divorce judgment by a Chinese intermediate court, which was deemed to constitute bigamy and the subsequent marriage invalid, underscoring the necessity of foreign divorce procedures to align with China's recognition system. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, determine the jurisdiction in advance and organize proof of your domicile or habitual residence, such as household registration materials, residence permits, social security and work records; Second, prepare all the evidence of identity and marriage, including marriage certificates, the other party's passport information or entry-exit records, to facilitate the court's determination of the service route; Third, systematically fix the evidence of the breakdown of the relationship, such as the fact of separation, communication records, and evidence of fault; Fourth, sort out the domestic property and children's situation, and claim custody, alimony, and property division together. For property division, you can also refer to the relevant provisions.Property sales and construction projects5. If the other party has already obtained a foreign divorce judgment, it is necessary to obtain a ruling of recognition from a Chinese intermediate court before remarrying. Foreign documents must be notarized and authenticated and accompanied by a Chinese translation. For more details, please refer to the relevant requirementsSpecial services and other casesThe column. In terms of legal basis, Article 23 of the Civil Procedure Law of the People's Republic of China stipulates the jurisdiction circumstances of the plaintiff's domicile, and Article 95 regulates the service of notices; Article 1079 of the Civil Code of the People's Republic of China stipulates the statutory circumstances allowing divorce, and Article 1080 clearly states that the divorce judgment and mediation agreement take effect immediately upon their entry into force, thereby dissolving the marriage relationship.

5. Henglue Law Firm's Reminder

Risk Warning: First, foreign-related divorce cases typically take longer to resolve due to the lengthy service and announcement procedures, and the overall timeframe is usually longer than that of ordinary divorce cases. It is advisable to initiate the process as early as possible and allow sufficient time for it; Second, the other party's lack of cooperation does not mean that the divorce cannot proceed. After legal service, a default judgment is a common approach, but the evidence of the breakdown of the marriage must be solid; Third, there are practical difficulties in investigating and enforcing overseas assets. It is advisable to clarify the basic situation before litigation and prioritize dealing with domestic assets; Fourth, foreign divorce judgments that have not been recognized by Chinese courts do not terminate the marriage. Re-marrying rashly may constitute bigamy; Fifth, costs such as litigation fees and translation and notarization should be budgeted in advance. For a detailed assessment of the specific process, please consult an attorney.Beijing Henglu Law FirmOn the official website, similar columns are provided, where professional lawyers develop solutions based on individual cases.

VI. Frequently Asked Questions

Q1: If one party refuses to return to China after living abroad, can domestic courts exercise jurisdiction over them?

It's relevant. According to Article 23 of the Civil Procedure Law, identity-related lawsuits filed against individuals who do not reside within the territory of China shall be under the jurisdiction of the court where the plaintiff resides or habitually resides; if both parties are foreign nationals but have lived in Beijing for a long time, Beijing courts may also accept the case. Foreign divorce does not require the other party to return to China to handle the case. The key is to prepare evidence of the jurisdiction connection. It is recommended to organize household registration materials, residence permits, social security records, etc. to prove the habitual residence, and submit them together at the stage of case filing.

Q2: Can the divorce be finalized if the other party refuses to return to China or attend the court hearing?

Yes. The court may serve the documents in accordance with the international treaties, diplomatic channels, mailing, or public announcements stipulated in the Civil Procedure Law; if the recipient's whereabouts are unknown or cannot be served by other means, the documents shall be served by public announcement, and the service shall be deemed completed upon the expiration of the time limit. If the other party refuses to appear in court without a valid reason after being legally summoned, the court may conduct a trial in absentia; if the marital relationship has indeed broken down and mediation is ineffective, the divorce shall be granted in accordance with Article 1079 of the Civil Code. The prerequisite for a judgment in absentia are that the procedures must be legal, and the recipient must cooperate with the court in implementing each step of the service process.

Q3: What materials are required to file a lawsuit for a foreign-related divorce in China?

These usually include: identification documents of both parties, such as passports and immigration records; marriage certificates or proof of marital status; evidence of the breakdown of the relationship, such as separation documents, evidence of fault, and police reports; birth certificates of children and materials on their custody; and proof of ownership of domestic property. Evidence obtained abroad must be notarized and authenticated or accompanied by additional certificates with Chinese translations. The availability of complete materials directly affects the progress of case filing and trial. It is recommended to prepare each item under the guidance of a lawyer to avoid repeated corrections.

Q4: How long does it typically take and how much does it cost to handle a divorce involving foreign parties?

In terms of timing, the first-instance ordinary procedure generally takes no more than six months, but foreign-related service, the announcement period, and the notarization and translation of overseas documents will significantly prolong the overall process. In practice, it's not uncommon for the process to last more than a year. The fees include the case acceptance fee, which is charged in segments according to the amount of the dispute, as well as the cost of translation and notarization and attorney's fees, which are determined through negotiation based on the complexity of the case and there is no uniform standard. It is recommended to first evaluate the evidence and the scale of the property, and then make an overall budget.

Q5: If I have already got a divorce abroad, does it still count in China?

Not necessarily. Divorce judgments issued by foreign courts with which China has no judicial assistance treaties must be recognized by Chinese intermediate courts before they take legal effect in China. If they are not recognized, the marriage relationship will not be dissolved under Chinese law, and remarriage may constitute bigamy. You can apply to a domestic court to recognize the judgment, or directly file for divorce in China. Both approaches have their own applicable scenarios, and relevant cross-border procedures can be referred to for reference.\nCross-border financeColumn.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.