Divorce Question

[shipwreck]

Quick question - My sister in law wants a divorce. She is married to an American but she is a Chinese citizen.

She is in China, he is in the USA. They got married in China and then she moved to the states with him. Turns out he has many psychological problems.

She is in China now, and he is pushing to do the divorce papers here. Would she be better off doing it in China or going thru the US courts?

[jim_julian]

If she is seeking money or other assets from him the US courts will favor her.

[shipwreck]

If she is seeking money or other assets from him the US courts will favor her.

 

She is not seeking anything from him financially - she just wants a divorce and to be left alone...

[david_dawei]

what are her long term thougths / plans? She wants nothing to do with the US? what if she files again in 5 years and a VO sees she 'threw in the towel quickly and went back to china without problem' ? Not that we have to discuss her business here, but this is what comes to my mind. Although it sounds like she also doesn't want a green card, then why even think about the issue... just sign anything and be divorced if that is all she wants...

[shipwreck]

Her husband is very danger, she managed escape when he is in hospital. If he knew that she will leave her, he probably will kill her. They got married in china about 3 years ago. His family is her family's friends. But they never told her that he has serious mental problem before they got married. she found out when she visited my wife 1.5 years ago. She tried to bear with him, but he is getting worse. Anyway, she is back to china and she did not want to have green card.

[Randy W]

Why wouldn't she just file in China? What David said.

[warpedbored]

If she wants no compensation then she is better off to file in China. That way if she ever decides to remarry it will be less complicated.

[SheLikesME?]

Is she employed in China?

 

Of course she can just lie, like other Chinese, and say she is unemployed in the divorce paper. Otherwise her employer may be required to give permission, which they don't do, so I hear. She may be thought of as a whore, at her work, if they know she was married to an American, or they may say no as usual. I think women are expected to tolerate what ever is dished out over there too many times. Just some thoughts.

 

Anyway I am sure she knows how to divorce over there. Someone had it right if she ever decided to remarry it would be good to have a Chinese divorce whether she has an American one or not. The Chinese arn't going to check if the USA has a divoce already on file for her, I don't think.

 

Either way she needs to consider saving face for the future.

[SmilingAsia]

Not sure which province your sister in law is in.

In Guangzhou, just go to the court and they'll tell her to put an add on Sheng Ping Bao (a newspaper) and wait for a few months. Then the court will issue a divorce decree to her.

Edited July 5, 2007 by SmilingAsia (see edit history)

[LeeFisher3]

She should get the divorce in China under the circumstances. She can send him a Notarial certificate of divorce after the fact if she feels kind hearted, otherwise she can just have a copy of the Chinese document sent to him.

[SirLancelot]

Is she employed in China?

 

Of course she can just lie, like other Chinese, and say she is unemployed in the divorce paper. Otherwise her employer may be required to give permission, which they don't do, so I hear. She may be thought of as a whore, at her work, if they know she was married to an American, or they may say no as usual. I think women are expected to tolerate what ever is dished out over there too many times. Just some thoughts.

 

 

Perhaps if she lived in a very small rural hamlet it would be difficult, but Chinese divorce in 2007 is so much simpler than it is in the US. There's a standard 6 month wait in CA. Don't matter what the reason for divorce, there is a mandatory 6 month waiting period before a divorce is finalized.

 

 

 

 

http://www.china.org.cn/english/China/186656.htm

 

Easier procedures

 

The length of marriages has become shorter and shorter. The one-week marriage, one-month marriage and half-year-marriage are not unusual in Shanghai.

 

The simplification of divorce procedures is believed to be a major factor in the rise. In days gone by, those who wanted to get divorced had to get approval first from their employers. Usually the employers would persuade them to drop the plans, as divorce was seen as a disgrace for the whole work unit. Few people could successfully walk into the divorce office and get a divorce certificate.

 

"I originally planned to get divorced from my wife in the 1990s, but at that time divorce required numerous procedures, which added great difficulty to ending the relationship," said a man, who asked not to be named, was married for 20 years, but is now divorced. "The procedures now are easy, and we ended our marriage in minutes after we went to the divorce office. I feel finally relieved to end a marriage that was without love."

 

It's easier to get married and easier to get divorced in China now a days in 2007.

[shipwreck]

Ok, thanks guys (my wife typed that last message of mine - I just now saw it).

 

Appreciate the help.