Off topic;Divorce in China

[pbatt]

Can anyone explain to me the laws regarding Divorce in China?My friend lives in singapore and has been seperated from her husband for 1.5 years.She wants a divorce but he doesn't.Can some one explain to me her options.She has talked with a lawyer in China already.Does she have to wait for 2 years of being seperated to file on her own? Or can a judge just declare it over if he does not want but she does?

Thank you for any information in advance. Paul

[Dan R]

I know if the husband does not agree it can be a real problem. The marriage laws are by province so they may vary. The best information is from the city office where her hokou is. That is the jurisdiction that applies.

[bubbafred10]

From what I know, from what others told me:

 

If wife asks and initiates the divorce, and husband does not agree, the impact will be on the community property. The woman usually loses some or all of the community property, including any custody of child. (This is where woman's rights in China still lags behind, keeping them from equal status yet. But considering where they were 1920's, they have gone a long way). It must be done at the provincial court of their residence, or citizen of, or maybe where they were married.

 

Depending on the Court, it should be effective when the Court divorce document is signed by both parties. It may take a few weeks or a few months to get hearing and present paperwork to the court, court appointment, and time for decision date. Overall it should take 3 to 6 months.

[kaigaorui]

From what I know, from what others told me:

 

If wife asks and initiates the divorce, and husband does not agree, the impact will be on the community property.  The woman usually loses some or all of the community property, including any custody of child.  (. But considering where they were 1920's, they have gone a long way).  It must be done at the provincial court of their residence, or citizen of, or maybe where they were married.

 

Depending on the Court, it should be effective when the Court divorce document is signed by both parties. It may take a few weeks or a few months to get hearing and present paperwork to the court, court appointment, and time for decision date. Overall it should take 3 to 6 months.

This is where woman's rights in China still lags behind, keeping them from equal status yet

 

 

Who thinks we (men) have equal status in this country?

[HanLi]

seems if she is separated for 1.5 years already, another 6 months for her to file on her own should be considered. Maybe a cash offer to the husband might make something happen......