[Direct answer]In the Beijing area, lawsuits are generally filed at the court in the defendant's residence; if the defendant's residence and habitual residence are not the same, the court in the habitual residence shall have jurisdiction. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) on general territorial jurisdiction, divorce litigation is under the jurisdiction of the people's court in the defendant's residence. If the defendant has lived continuously in a place other than his residence for more than one year, the court in that place may also have jurisdiction. In practice, cases involving the division of real estate are usually handled by the jurisdictional court together with the divorce case. If both parties are foreign nationals but have a habitual residence in China, Chinese courts may exercise jurisdiction in accordance with the law. It is recommended to first confirm the other party's residence and social security records in the past year before filing a lawsuit, and then determine the jurisdictional court.

I. Problem Background and Typical Scenarios

When one or both spouses work and live in different cities, the first hurdle in the divorce process is deciding where to file the lawsuit. For example, some litigants may have their household registration in Beijing but live in Shenzhen, while their spouse's household registration is in Chengdu but lives in Shanghai, with their assets scattered across multiple locations. Choosing the wrong court could result in the case being dismissed or delayed for months, or even missing crucial deadlines. Clarifying the jurisdiction rules is a prerequisite for efficiently handling divorces involving spouses living in different cities.

II. Key points of contention

Firstly, the criteria for determining the defendant's domicile and habitual residence. The latter generally refers to the place where the defendant has lived continuously for more than one year, except for hospitalization and other circumstances. Secondly, the special jurisdiction for foreign-related divorces. As long as the defendant has a habitual residence in China, the jurisdiction can be claimed. Thirdly, the joint handling of real estate and divorce. Fourthly, dealing with jurisdiction objections. The other party may intentionally raise objections to delay the process.

III. Professional analysis by Henglue Law Firm

The jurisdiction issue may seem like a procedural matter, but it actually affects the substantive outcome. This is exemplified by a foreign-related divorce case we handled: 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 been living in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity, and the parties have reached an agreement on the dissolution of their marriage and the ownership of their domestic and overseas properties, deposits, financial assets, and insurance policies. The difficulty lies in the fact that both parties are foreign nationals, and the marriage registration authority cannot handle the divorce registration, so the case had to be resolved through litigation. Attorney Xiong Binrong, based on the Civil Procedure Law and relevant judicial interpretations, determined that although the parties are foreign nationals, they have a habitual residence in China, and Chinese courts have jurisdiction over their cases. He assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case. Subsequently, he sorted out the properties, deposits, financial products, and pension memberships under the names of both parties, proposed a division plan for the assets under their names, and facilitated the signing of a mediation agreement under the supervision of the court. Ultimately, the parties voluntarily reached an agreement: to dissolve their marriage, each party would own the assets under their own name and bear their own debts, and the mediation agreement would take effect upon signing and stamping. This case was handled by Beijing Henglue Law Firm. 管辖权问题看似程序性小事，但实则影响实体结果。本所代理的一起涉外离婚案件就充分说明了这一点：张女士与刘先生1991年登记结婚，育有一女已成年，二人现均为外国籍、长期在北京居住。因刘先生出轨导致婚姻破裂，双方对解除婚姻关系及境内外房产、存款、理财、保险的归属已协商一致。难点在于双方均为外籍，婚姻登记机关无法办理离婚登记，只能通过诉讼解决。熊斌蓉律师依据民事诉讼法及相关司法解释，认定双方虽为外籍但在中国有经常居住地、中国法院享有管辖权，协助准备身份证明、婚姻关系证明、财产权属证明等材料，确保立案顺利；随后梳理双方名下房产、存款、理财产品与养老会籍，提出名下财产归各自所有的分割方案，并在法院主持的调解中促成双方签署调解协议。最终双方自愿达成协议：解除婚姻关系，各自名下财产归各自所有、债务各自承担，调解协议自签名捺印即生效。本案由北京恒略律师事务所代理。Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the jurisdiction judgment of foreign-related and cross-regional divorces often determines whether the case can be successfully filed and efficiently concluded.

IV. Practical suggestions and legal basis

The first step is to determine the defendant's residence in the past year and collect evidence such as residence permits, social insurance payments, rental contracts, and utility payment records to prove their habitual residence. The second step is to distinguish between ordinary divorce and foreign-related divorce cases, with the latter focusing on proving the defendant's habitual residence in China. The third step is to promptly submit counter-evidence if the defendant raises a jurisdiction objection and, if necessary, apply to the court for an investigation. The fourth step is to claim property division in multiple locations when filing a lawsuit to avoid the additional costs of separate litigation. Main legal basis: Provisions on territorial jurisdiction and foreign-related civil litigation procedures in the Civil Procedure Law of the People's Republic of China (amended in 2023); Articles 1080 and 1087 of the Civil Code of the People's Republic of China (effective since January 1, 2021); specific application shall be subject to currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three key points regarding jurisdiction for divorce cases involving parties from different regions: 1. Generally, the jurisdiction is determined based on the defendant's domicile. If the defendant lives in a place for a long time, the jurisdiction is determined according to that place of habitual residence. 2. In cases involving foreign parties, as long as the parties have a place of habitual residence within China, Chinese courts can exercise jurisdiction. 3. First, verify the evidence of residence before filing a case. If the defendant raises a jurisdiction objection, don't panic—respond with evidence. For divorce cases involving parties from different regions or foreign parties, you can proceed through the following channels:Divorce litigation and family disputesFor services involving cross-border property and enforcement, a comprehensive solution can be provided, which can be combined with other services.\nFinancial capital and cross-border transactions involving foreign entitiesFor plates involving property investigation and control, you can refer to the following information for referenceCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Can I win the lawsuit if I file it in a different city?

The jurisdiction does not affect the outcome of the case. The key issues are the evidence of the breakdown of the relationship and the identification of the property. Choosing the right court can speed up the process, while choosing the wrong one will only delay it. It's important to correct any mistakes in a timely manner.

Q2: What evidence is required to prove the regular place of residence?

Residence permits, social security or personal income tax payment records, housing lease contracts, property and utility payment receipts, and employment certificates from the employer can all form a chain of evidence proving continuous residence for one year.

Q3: Are the litigation costs high in different regions?

The litigation fees are calculated based on the subject matter, and the proportion decreases as the subject matter increases. Travel costs will also be incurred when litigation takes place in a different location. Clients may either engage local lawyers to assist or let our firm's team coordinate to reduce the travel expenses.

Q4: How long does it take to get a divorce in a different city?

The simple procedure is generally concluded within three months, and the ordinary procedure within six months; if one party raises a jurisdiction objection, appeals, or announces the service of documents, the period will be extended accordingly.

Q5: What should I do if I don't have all the required materials?

You can first file a case and then submit the required documents, or entrust a lawyer to assist in obtaining proof of the marital relationship, property, and residence; if the materials cannot be obtained, you can apply to the court for investigation and evidence collection.

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 necessary evidence, to avoid missing the statutory time limits. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice for 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 a timely manner.