[Direct answer]It depends on the specific circumstances. If both parties are Chinese citizens and one of them lives abroad, the party residing in China may file a lawsuit with the court in their place of residence; if both parties are foreign nationals but have a habitual residence in China, for example, living in Beijing for a long time, the case will be accepted by the court with jurisdiction in Beijing; if the defendant does not reside in China, the court in the plaintiff's place of residence or habitual residence also has jurisdiction. In terms of judgment order, first confirm whether the defendant has a residence or habitual residence in China, and then determine the accepting court in accordance with the special provisions of the Foreign-related Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022). If the jurisdiction is chosen incorrectly, the case may be dismissed at the filing stage, or the other party may raise a jurisdiction objection, wasting months of time in vain.

I. Problem background and typical scenarios

The jurisdictional confusion in cross-border divorces typically arises in three types of families: one party goes abroad for development after registering their marriage domestically, leaving the marital status in limbo between two jurisdictions; both parties have obtained foreign nationality and return to live permanently in China; or one party resides abroad while the other takes sole responsibility for raising the children domestically. There are two common misconceptions: first, believing that the divorce must be handled at the marriage registration location, when in reality, the jurisdictional connection point is the defendant's domicile or habitual residence, with a city where the defendant has resided continuously for one year forming the jurisdictional basis; second, assuming that since both parties are foreign nationals, they can only divorce abroad. However, if the defendant establishes a habitual residence in China, domestic courts can accept the case, and such parties often face legal obstacles due to their nationality, making litigation the only viable option. After jurisdiction is determined, service of process also becomes crucial: if the other party resides abroad, the method and duration of service directly impact the pace of the entire case. If the plaintiff can provide the defendant's specific address and contact information at the time of filing, the process will proceed much faster. It is also important to note that the judgment documents in cross-border divorces affect remarriage, visa applications, and child document processing. Before filing a lawsuit, compile a list of all procedural requirements for the judgment documents to ensure a more comprehensive litigation strategy. Particularly for overseas assets, clarify the jurisdictional boundaries of domestic courts over foreign assets and clearly state them in the litigation request. Arrangements for overseas procedures should be made separately to avoid legal obstacles. If the defendant remains silent during the jurisdictional hearing, the court will proceed with the trial as usual. Do not mistakenly assume that the lack of objections equates to a flawless jurisdiction; the court's determination remains the final authority in procedural matters.Divorce litigation and family disputesThe column specifically explains the acceptance conditions for foreign-related divorces.

II. Key points of contention

The jurisdictional disputes focus on four points. First, how to prove habitual residence: residence permits or visa records, continuous lease contracts for more than one year, social security or tax payment records, and proof of children's schooling in the local area. Combining these materials can form evidence of stable residence, but single materials are easily questioned. Second, the combination of regional and hierarchical jurisdiction: foreign-related divorces are generally accepted by grassroots courts, but cases with large amounts of assets or complex circumstances may involve hierarchical jurisdiction. Before filing a lawsuit, it is necessary to check the court's jurisdiction guidelines. Third, identity-related cases do not apply to agreed jurisdiction: a written agreement between the parties to handle the divorce in a certain court is invalid. Jurisdiction can only be determined according to the statutory connection points. Fourth, the procedural impact of jurisdictional objections: if the other party raises objections during the defense period, the review of the objections itself will take one to two months. Solidifying the connection point evidence before suing is the first step to shorten the litigation cycle. In practice, there is also a practice of reaching a written consensus on jurisdiction with the other party during the defense period and jointly confirming the trial court with the court, which can greatly reduce the probability of objections. Once jurisdiction is stabilized, the subsequent delivery and court hearing schedules can be arranged accurately. Spending an extra week verifying the connection points in the early stage can often save two to three months of waiting time in the later stage.

III. Professional analysis by Hengluo Lawyers

How to handle divorces involving foreign nationals in domestic courts? Let's refer to a case: Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter (who has now reached adulthood). Both are now foreign nationals and have lived in Beijing for a long time. The marriage broke down due to the man's infidelity. The couple have reached an agreement on property division: Ms. Zhang owns a house in Beijing, a property abroad, savings, financial products, and insurance, which will be under her personal ownership. Mr. Liu's house in Shanghai will be under his personal ownership. Since both are foreign nationals, the domestic civil affairs bureau cannot handle the divorce registration. Ms. Zhang entrusted a lawyer from our firm to file a lawsuit. Through court-mediated settlement, the couple voluntarily reached an agreement to dissolve their marriage, with each party retaining ownership of their own property and assuming their own debts. The agreement became legally binding upon signing and stamping, and all of Ms. Zhang's litigation requests were satisfied. This case was handled by Attorney Xiong Binrong from Beijing Henglu Law Firm (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative authority). The legal implications are straightforward: Although both are foreign nationals, they have lived in Beijing for a long time, which enabled the Beijing court to exercise jurisdiction and successfully organize mediation. The common residence is often the most commonly used connection point for foreign divorce cases. As long as the residence facts are clear and the evidence is complete, foreign nationality does not constitute an obstacle to acceptance. Conversely, if one party is not in China for a long time and the residence facts are difficult to establish, we need to examine their household registration or property connection points in China. The path of jurisdiction demonstration adjusts according to the facts, and the more detailed the demonstration before filing, the more stable the subsequent progress will be. It is also recommended that the facts and reasons in the complaint be presented in chronological order to clarify the parties' identities, residence, and marriage history on the first page, reducing repeated questioning by the court registry.

IV. Practical suggestions and legal basis

This is based on the special provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) regarding territorial jurisdiction, determination of habitual residence, and procedures for foreign-related civil litigation. The operational suggestions are divided into four steps: 1. **Collect evidence of habitual residence**: Organize residence permits, lease contracts, social insurance payment records, and children's school attendance records chronologically to cover a period of at least one consecutive year prior to filing the lawsuit. 2. **Identify the defendant's residence track**: If the defendant has a residence or habitual residence in China, file the lawsuit in the local court. If the defendant resides abroad and has no residence in China, consider filing in the plaintiff's residence court. 3. **Evaluate service methods**: For cases where the defendant's overseas address is known, use treaty-based service or mail service. For unknown addresses, reserve time for public notice service. 4. **Attach Chinese translations to foreign documents**: For matters involving overseas property or accounts, prioritize notarization and authentication. Regarding fees, according to the **Measures for Litigation Fees Payment** (implemented on April 1, 2007), divorce cases have relatively low filing fees. The main additional costs arise from notarization, authentication, and translation. These expenses should be budgeted separately. Special attention should be paid to the calculation of habitual residence periods and their interruptions. Long-term overseas stays due to pandemic-related circumstances or work assignments may disrupt continuous residence calculations. If the return date to China is less than one year and there are no other connecting factors, the court will review the case more strictly during filing. For a comprehensive framework of handling foreign-related family matters, please refer to the relevant guidelines.Divorce litigation and family disputesService page.

5. Henglu Law Firm's Advice

There are three common pitfalls you should avoid. First, there's no need to insist on suing at the place where the marriage was registered. Jurisdiction is determined by current residence rather than the registration location in the past. Second, don't underestimate the requirement of continuous residence for one year. If you frequently cross borders and have inconsistent residency, the connection points may be questioned. Before filing a lawsuit, check your residency records first. Third, don't panic if the other party raises a jurisdiction objection. The objection only addresses where the case will be heard, not how it will be adjudicated, but it will prolong the process. It's better to solidify the connection points with evidence before suing. Additionally, for cases where both parties have reached a full agreement, prioritize mediation. The mediation agreement takes effect upon signing, allowing you to simultaneously lock in identities and assets and avoid the long-term hassle of foreign service and enforcement after the judgment. The mediation plan should specify the disposition of overseas assets, stating ownership and cooperation obligations, which will serve as evidence for future title transfers or settlements.

VI. Frequently Asked Questions

Q1: Can a divorce be handled at a Beijing court if both parties are foreign nationals?

Yes, provided that both parties have a residence or habitual residence in China. If both parties are foreign nationals, the domestic civil affairs department will not handle the divorce registration, and litigation is a viable option. One party may file a lawsuit against the defendant's habitual residence court, and a city where the defendant has resided continuously for one year will form a jurisdiction connection point. After the Beijing court accepts the case, it can preside over mediation, and the mediation agreement will take effect upon its signing. It can also confirm the property division arrangements simultaneously. To file a case, the parties need to submit their passports, residence permits, and residence certificates, along with Chinese translations of foreign-language materials. If one party returns to China and resides for less than a year, they should consider filing a lawsuit at the court in their domestic residence, and the jurisdiction path will adjust according to their residence status. Additionally, if both parties are abroad, some courts have more flexible arrangements for in-person court appearances. The feasibility of video hearings can be inquired at the filing stage to avoid unnecessary travel. For cases involving video hearings, documents should be exchanged through electronic case files. All evidence materials should be scanned in advance and named according to a catalogue to avoid delays during the trial.

Q2: If the address of residence and the address of habitual residence are not the same, where should I file a lawsuit?

The general principle is to sue the defendant in the court of the place where he/she habitually resides, and cities where he/she has resided continuously for more than one year take precedence over the place of household registration. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) and its judicial interpretations have clear provisions on the distinction between a citizen's domicile and his/her habitual residence. If the defendant's whereabouts are unknown or he/she has been subject to compulsory education measures, the court of the plaintiff's domicile shall have jurisdiction. Before suing, prepare materials such as lease contracts, residence permits, and social security records to prove the defendant's residence track, so as to avoid the case being returned due to insufficient jurisdiction evidence at the filing stage, or leaving the other party with the opportunity to raise jurisdiction objections, thus delaying the overall progress.

Q3: What are the cost components of cross-border divorce cases?

According to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), the filing fee for divorce cases ranges from 50 yuan to 300 yuan per case; for claims to divide property with a total amount exceeding 200,000 yuan, the fee is calculated and accumulated proportionally in stages. The additional costs brought about by foreign factors mainly include four items: the notarization and authentication fees for overseas documents or additional certificates, the translation fees from qualified translation agencies, the translation and mailing expenses that may arise during overseas service, and the announcement service fees for serving documents when the other party's whereabouts are unknown. The attorney's fees are negotiated based on the complexity of the case and the workload, and are subject to the provisions of the power of attorney. In the overall budget, document-related expenses are often underestimated, and it is recommended to set aside funds separately for them. Before making payments, confirm with the translation agencies the scope of qualifications recognized by the court. Some courts only recognize agencies on a specific list, and choosing the wrong agency would be a waste of effort.

Q4: How long is the divorce litigation period for a party abroad?

The key variable is service of process. If the other party is located abroad and their address is clear, it typically takes several months to serve them through treaty channels or by mail; if the address is unclear and service is effected by public notice, the notice period is 30 days, plus the response and evidence-gathering periods. The ordinary first-instance litigation process may be further prolonged beyond the six-month time limit stipulated in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022). If both parties can attend court hearings in person or via video, mediation can shorten the process to one or two months. When filing a case, it's essential to provide the other party's overseas address and contact information. Speeding up service of process is the most effective step to shorten the overall process. In cases where the other party cooperates, they can jointly apply to the court for simplified service methods. After both parties sign a service address confirmation letter, electronic service can cover most documents.

Q5: What can be done if a person cannot attend the court hearing when they are abroad?

In divorce cases, in principle, the parties are required to appear in court to verify their marital status. If they have genuine difficulties, they may apply to the court to participate in the trial via video. Some courts in Beijing have already supported online trials. For those who are truly unable to attend, they may submit written opinions that have been notarized and authenticated, but the court will review statements involving divorce with greater scrutiny, and written materials alone may not be sufficient. For those who entrust domestic lawyers to act as their agents, the power of attorney must be notarized and authenticated overseas and then sent back. This process typically takes two to four weeks. Parties who are abroad should start the notarization of documents as soon as possible and confirm with the presiding judge whether the materials are complete before arranging the trial to avoid postponing the trial on the day of due to formal defects. Before the video trial, test the equipment and network, choose a quiet and private space, and dress and speak in a manner consistent with formal court proceedings. The seriousness of the trial record will not be compromised by being conducted online.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.