[Direct answer]It's possible. If both parties have a habitual residence in China, the case shall be under the jurisdiction of Chinese courts. First, prepare all the identity materials such as marriage certificates, passports, and residence certificates, and sort out the property list and the situation of the children together. If the parties can reach an agreement, they can proceed with mediation within the court; if not, a divorce judgment will be issued. If one party is abroad, the proceedings can be advanced through entrusting an agent, holding a video court hearing, and serving the documents by public announcement. The process will take longer, but the conclusion will still be valid.

1. Problem background and typical scenarios

The typical dilemmas of divorce in cross-border marriages: what to do if one party has returned to their home country after registering their marriage domestically; whether the marriage procedures conducted domestically and those conducted abroad are legally valid; how to divide assets half in China and half abroad; and whether the divorce can proceed if the other party refuses to return or cooperate. The core issues are threefold: jurisdiction, service of process, and recognition of legal documents.

II. Key points of contention

First, the jurisdiction connection. The domestic courts have jurisdiction over the defendant who has a residence or habitual residence in China, and the court will also accept the case if one party is a foreigner who has lived in China for a long time. Second, the application of registered divorce. If both parties are foreign nationals, they usually cannot divorce by agreement at the civil affairs bureau and must go through the court; if one party is a Chinese national, they can register for divorce if they meet the conditions. Third, the participation mode of the overseas party. A certified power of attorney can entrust a lawyer to appear in court on their behalf, and some matters can be handled by video. For those who are completely out of contact, the court will use public notice service to deliver the documents. Fourth, the cross-border division of property. Domestic property is handled by domestic courts, while the confirmation and disposition of overseas property involve the cross-border recognition of local laws and judgments.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law FirmXiong BinrongAttorney (Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative authority): Agency services. Practical pathways for handling foreign divorce procedures, illustrated by two cases from our firm: In a foreign-related divorce mediation case, both spouses had acquired foreign nationality and resided in Beijing for a long time. Due to nationality restrictions, the Civil Affairs Bureau refused to process the divorce registration. After confirming that the couple's habitual residence was in Beijing and Chinese courts had jurisdiction, the attorney organized identity certificates, marriage certificates, and property ownership documents to complete the case filing. During the court mediation, the attorney facilitated a comprehensive settlement agreement of "dissolving the marriage and returning the marital assets to each party," which became legally binding upon signing the mediation agreement—this case demonstrates that the key steps in foreign divorce procedures are "jurisdiction proof + document translation and authentication + mediation plan design." Although the process involves additional steps compared to domestic divorce, the pathway remains feasible. In another case of a second-instance divorce suit, the wife, who resided overseas, refused to return to China to cooperate and blocked the husband's contact information, leading to the first-instance suit being dismissed. The attorney submitted evidence of years-long separation via WeChat messages, text messages, emails, and immigration records in the second-instance suit, after which the court granted the divorce in absentia—non-attendance is not a deadlock. Public notice service and default judgment are fallback channels, but the procedural discipline of "continuing to collect evidence after the first-instance judgment of non-divorce" must be strictly adhered to. The procedural checklist is listed in order: - Jurisdiction materials (residence registration in the habitual residence, property or lease records) - Identity materials (Chinese ID and household registration booklet, foreign passport and translated/authenticated documents) - Marriage materials (use the domestic marriage certificate directly; for overseas registrations, require notarization, authentication, and translation) - Property materials (domestic/overseas real estate, accounts, company equity certificates) - Power of attorney (for non-attending foreign parties, the power of attorney must be notarized locally with additional certificates or consular authentication) Timeframe expectations: - Uncontested mediation cases can be resolved in months - Ordinary procedures with public notice service typically take 1–2 years - Disposition of overseas assets requires additional time

IV. Practical suggestions and legal basis

The first step is to prioritize jurisdiction: confirm the evidence of habitual residence and identify the accepting court. The second step is to prepare a complete set of materials: four groups of materials including identity, marriage, property, and power of attorney, which are prepared at one time, and the translation and authentication are initiated simultaneously. The third step is to choose the optimal path: for those who can be contacted, mediation may be attempted first; for those who cannot be contacted, public notice may be issued. The fourth step is to handle the aftermath of the judgment: use the effective legal documents to handle subsequent matters such as household registration, property registration, and remarriage registration. The main legal basis includes the provisions on jurisdiction, service, and power of attorney in the Foreign-related Chapter of the Civil Procedure Law of the People's Republic of China (amended in 2023); Articles 1079 and 1080 of the Civil Code of the People's Republic of China (implemented in 2021); and the specific application shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Reminder

The difficulty of foreign-related divorce procedures lies not in whether the divorce can be granted, but in ensuring the completeness of the document chain: handling the jurisdiction certificate, translation certification, and service arrangements in advance will make the process smoother. If one party is abroad, it is necessary to plan ahead and allow sufficient time for the announcement and judgment process. For cases involving foreign-related divorce and cross-border family matters, you can seek assistance through legal professionals or specialized agencies.Divorce litigation and family disputesFor those interested in comprehensive solutions for cross-border identity and asset management, please refer to the following information.\nFinancial capital and cross-border transactions involving foreign entities.For reference, please refer to the section on the legal effect of marriage and the connection with inheritanceInheritance of property and division of family assetsThe panels, which involve specialized materials and solution design, can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can a foreigner divorce in a domestic court?

Yes. If the defendant has a habitual residence in China, the domestic courts have jurisdiction, and the case can be filed as long as all the necessary materials are available.

Q2: Can foreign nationals from both sides agree to divorce by mutual consent?

Generally, it is not possible to register a divorce at the civil affairs bureau. The marriage must be dissolved through court litigation or mediation.

Q3: Can the divorce proceed even if the other party doesn't return to China?

Yes, you can entrust an agent or use public notice to serve the documents to the absent party, and then grant a divorce based on evidence of separation and communication between the parties.

Q4: Will the court handle the overseas property disputes?

Domestic courts can confirm the ownership of rights, but the actual disposal and registration of those rights must be handled in accordance with the laws of the country where the property is located.

Q5: Are the mediation agreement and the judgment document equally effective?

Similarly, the court mediation agreement takes effect upon its receipt, and it has the same enforceability as a judgment.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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