Divorce Litigation

There are many ways to divorce in China. China is a no fault state. So you can get a divorce without having to prove the fault of your spouse. All you need to show is that your marriage has broken down and there is no scope for reconciliation.

Besides provision for a no fault divorce, China divorce laws also have provisions for divorce on various grounds. You can get a divorce if your spouse has committed adultery. If your spouse has been convicted of a felony crime and sentenced to imprisonment or serving a death sentence, then you can file for divorce.

Abandonment is another ground for divorce. If your spouse has left the marital home, you can seek a divorce after one year of the abandonment. Your spouse must refuse to return to the martial home.

Abuse is a ground for divorce in China. If your spouse has physically or sexually abused you or a child or a relative living permanently in the marital home, you can file for divorce. You can also seek divorce if you spouse has committed domestic violence or emotional abuse.

If you and your spouse have been living separately continuously for at least two years without reconciliation, then you can file a divorce petition. If you have a decree of legal separation, you can seek a divorce decree if you and your spouse have been living separately without reconciliation for at least one year from the date of legal separation. 

An experienced attorney from an China divorce law firm can review your case and advise you if you have a valid ground for divorce.

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