[Direct answer]In the Beijing area, the core of jurisdiction over foreign-related divorces is "finding the right person in China": if the defendant has a residence or habitual residence in China, the court of the defendant's residence or habitual residence shall have jurisdiction (general principle); if the defendant does not reside in China, the plaintiff may sue in the court of his or her own residence or habitual residence; if both parties are foreign nationals but have lived together in China for a long time and the main divorce-related property or the children's place of residence are in China, the domestic court also has jurisdiction based on the habitual residence and actual connection. Choosing the right court is equivalent to choosing the right foundation for efficiency and enforcement.

I. Problem background and typical scenarios

The two have lived in Beijing for ten years, with their registration address abroad, and one of them has already settled abroad. The first hurdle in divorce is "where to file a lawsuit": choosing the wrong court may result in a ruling to transfer the case, jurisdiction objections being used as a bargaining chip to drag out the process, or even parallel proceedings of litigation in two different places at the same time. Once the jurisdiction is determined, subsequent service, judgment recognition, and enforcement will have a solid foundation.

II. Key points of contention

First, the criteria for determining the habitual residence. Second, the jurisdictional connection points of the defendant abroad. Third, the scope of acceptance by domestic courts when both parties are foreign nationals. Fourth, the handling of parallel litigation and jurisdictional objections.

III. Professional analysis by Henglue Law Firm

The first layer concerns general principles and the determination of jurisdiction based on the defendant's domicile: Foreign-related civil litigation jurisdiction also follows the principle of "the plaintiff sues the defendant" — the court with jurisdiction is the one located in the defendant's domicile or habitual residence (a place where the defendant has lived continuously for more than one year, except for hospitalization). When a domestic party sues a foreign party, the court with jurisdiction is the one located in the plaintiff's domicile or habitual residence, as the defendant does not reside within China. This is the most commonly used connecting point for domestic parties. The second layer addresses jurisdiction for cases involving foreign parties: Marriage cases involving one or both foreign or stateless parties are considered foreign-related cases. If both parties are foreigners but have habitual residence in China, lived together after marriage, and own major assets in China, domestic courts may accept and dissolve the marriage based on actual connections. In practice, cases of foreign-related divorces involving long-term resident foreign couples in Beijing are well-established, with procedures handled in accordance with foreign-related civil cases. While there are additional steps such as service, translation, and authentication, the process is clear. The third layer discusses jurisdiction selection strategies: When multiple jurisdictions are available (e.g., separation of domicile and habitual residence, or distributed assets), the connecting point must be considered comprehensively — efficiency of acceptance (material preparation and filing difficulty), service path (cost of service to the foreign party's chosen court), enforcement (smooth execution in the court of the main asset's location), and child-centered trial (where the child and school-related evidence are concentrated). These four dimensions should be weighed together rather than mechanically prioritizing the first jurisdiction. The fourth layer emphasizes defensive measures: Defendants' jurisdiction objections must be supported by factual and legal grounds. Courts will reject objections that are clearly delaying tactics, but plaintiffs should also take preventive measures: Provide sufficient evidence of habitual residence (residence permits, social insurance, lease contracts, community certificates) in the filing materials to make objections difficult to succeed. If the defendant has already sued in a foreign court, courts may continue the trial (as marital relations involve personal attributes, foreign litigation does not constitute an absolute obstacle), and the effectiveness of judgments from both courts will be handled according to recognition procedures. The fifth layer focuses on procedural support: Foreign-related case materials must be notarized or accompanied by certificates (for foreign-issued identity and marriage certificates), and power of attorney documents must also be authenticated. Chinese translations must be provided. The completeness of these procedural preparations directly impacts case filing and trial efficiency.

IV. Practical suggestions and legal basis

The first step is to sort out the four connection points between the parties' residences, habitual residences, property locations, and the children's living places; the second step is to select the court based on four dimensions: efficiency, service, enforcement, and the children's welfare; the third step is to prepare sufficient evidence of the habitual residence to prevent objections; and the fourth step is to complete the notarization, authentication, and translation of overseas materials. Main legal basis: - The relevant provisions on jurisdiction in the foreign-related section of the Civil Procedure Law of the People's Republic of China; - Articles 13 to 17 and Article 520 and related provisions of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China; - Specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three principles regarding jurisdiction over foreign-related cases: if the defendant is not in China, the plaintiff can file a lawsuit at the defendant's domicile, and the defendant's habitual residence is the most commonly used connecting factor; if both parties are foreign nationals, it does not affect the domestic court's acceptance of the case, and the long-term residence and actual connection are the basis for jurisdiction; when choosing a court, four aspects should be considered — efficiency, service, enforcement, and children. If the jurisdiction is determined incorrectly, the plaintiff will face passive situations at every step. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as an agent. For matters involving foreign divorce jurisdiction and procedural planning, please contact us via the following channels:Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of cross-border property and enforcement\nFinancial capital and cross-border transactions involving foreign entitiesFor reference, you can refer to the section regarding child custody arrangementsSpecial servicesFor any questions regarding the implementation of the project, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: The other party has lived abroad for many years. Can I sue them in a domestic court?

Yes. If the defendant does not reside within the territory of China, the plaintiff may file a lawsuit for divorce at the court in his or her place of residence or habitual residence.

Q2: We are all foreign nationals. Will the Beijing court accept our case?

For those who have lived and resided in Beijing for a long time and have a regular place of residence, the Beijing courts may accept and dissolve their marriages based on actual contact, and the procedure shall be handled in accordance with foreign-related cases.

Q3: Can either party seize jurisdiction, and does the party who files the lawsuit first have an advantage?

There is a parallel litigation space for marital cases, and domestic courts can continue to hear them ex officio. The evidence of the connecting point (the habitual residence) is the key to jurisdiction. It is more important to organize the evidence in advance than to rush for time.

Q4: How long will the jurisdiction objection take, and how should one respond to it?

The court will dismiss an obviously unfounded objection, but the process may take one to two months. Preparing evidence of the defendant's habitual residence when filing a lawsuit is the most effective defense strategy.

Q5: The marriage certificate was obtained abroad. Does this have any impact on jurisdiction?

It does not affect the determination of jurisdiction, but only the preparation of materials. The overseas marriage certificate needs to be notarized and authenticated or accompanied by a certificate and a Chinese translation, and submitted with the case.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 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.