Divorce Lawyer in southern China

[pchina7]

Finalize the divorce, yourself, in China. Hire an attorney there to handle your paperwork. The attorney and SHE can get it done in one day at the courthouse.

 

Divorce in China is NOTHING like divorcing in the USA, paperwork-wise.

MOST are file and award, the same day.

Would anyone here have any referrals to a divorce lawyer near Guandzhou city; my soon to be ex lives south of there in Zhanjiang city but I cannot seem to find any resources in the USA to help get the process started.

Any information would be greatly appreciated.

 

Thank you.

[pchina7]

Hello,

Briefly, we have been separated for over 18 months now.

I have wanted a divorce (by mutual agreement since we are just not compatible) for most of this time. My wife has not acted on any suggestion, plea, request, discussion, or conversation we have had. She just talks but does not actually do anything.

Since a divorce must be registered in the city in which the marriage took place, I am wondering if anyone here has any idea on how or where to contact a lawyer who resides in China.

The marriage took place in Zhanjiang city which is about 400 km south of Guangzhou city.

I bear no ill will towards her but I want to get on with my life. It is always better to reslove situations completely; and this one really needs resolution.

My wife has agreed that we should divorce, but refuses to even get the proper forms; I will fill them out and do everything but I do not know what the format is or where to get the forms.

 

And yes, I am a little frustrated over the time it is taking but am willing to do whatever it takes to get this divorce registered and finalized.

 

Any information pointing me in the correct direction would be forever appreciated.

Thank you all in advance.

Regards.

[warpedbored]

Here is a list of lawyers from the consulate website. I can't vouch for any of them.

http://guangzhou.usembassy-china.org.cn/le...south_china.htm

[MikeXiao]

A divorce has to be registered in the city where the marriage took place??? Never knew that one, and I have been divorced 3 times. Always just let the lawyer take care of the business. They will know what to do.

[Sebastian]

i have a lady friend in zhanjiang, attached to a military hospital there. she knows most of the people in the civ gov there, would it be useful for you to talk to her and ask for lawyer referral?

Edited January 20, 2009 by Darnell (see edit history)

[pchina7]

i have a lady friend in zhanjiang, attached to a military hospital there. she knows most of the people in the civ gov there, would it be useful for you to talk to her and ask for lawyer referral?

 

Yes, that would be fantastic especially since she resides in the city.

How can I contact her?

Would she prefer to contact me? If so, I can give her my email.

Thank you for mentioning this. It seems a bit difficult at times.

Let me know what is easiest for your friend.

And again, thank you for responding.

 

Peter

[pchina7]

Here is a list of lawyers from the consulate website. I can't vouch for any of them.

http://guangzhou.usembassy-china.org.cn/le...south_china.htm

 

Thank you.

I will read through the list later today.

[draton1952]

I had a similiar situation. We got married in China and things later did not work out. I did not want to go back and have something happen to me.

I got a lawyer here in the states to take care of getting divorced in the states. Cover yourself on this one first. By USA laws, she could inherit everything you own (401k) if you pass on.

 

The lawyer can get you divorced here and what you do is get a non contested one written up. Get it translated and then send to her via dhl. She is to sign these papers(both sets). Try to get her to take them to the place the 2 of you got married and have them notarized or go to a lawyer and do this. Something on the lines like this. She has to respond by a certain time determine by the state you are in. If she does not, then it can default in your favor. My ex signed just the English copy, did not get them notarized and sent them back to my lawyer. Send a few rmb's to cover her costs.

 

With all this done, even without signing both copies and not notarizing, the judge signed them (probably had a good laugh). The court didn't except the mandarin copy as evidence due to her not signing. I am now in the process of sending them to her to take care of her end. It can be done but she will have to due some leg work.

 

On my part, it cost some bucks but figure what the costs of going back and what could happen if she turned the tables on you vs doing it here, then it almost equaled out.

From what I have read and discussed with others, she could go to one place that takes care of the divorces and they tell her no and the next door down, they could just do it in a minute.

 

Sounds bad but after all the waiting on your part and $ spend, put the ball back in her court.

 

I am glad though to see so many happy couples on this site. It just didn't work for the 2 of us and I do feel she is a very good person.

[pchina7]

I had a similiar situation. We got married in China and things later did not work out. I did not want to go back and have something happen to me.

I got a lawyer here in the states to take care of getting divorced in the states. Cover yourself on this one first. By USA laws, she could inherit everything you own (401k) if you pass on.

 

 

Good morning Draton1952.

After everything I have read, it is still a little confusing as to the regulations regarding marriage/divorce here and in China. I could not find any hard evidence that it is required to go through the divorce process here; only in China in the city where the marriage originally took place. The marriage is not registered in the state any of us live. So, how could there be a divorce in that state?

As you said, she would still have to go to the local registry to post and make the divorce official. What would be the purpose of doing it here?

The costs (and other things) of going back are far outweighed by having it done by a lawyer residing in China; I certainly agree with that. Finding one there is the problem.

At this point I jsut want to get it finished and continue with my life.

[draton1952]

And good evening to you pchina7

 

You are right that the marriage is not registered in the state that you reside in therefore how can one get a divorce in your state. If you get married in most places in the world, the US recognizes it as legal. The catch here is if she some how wanted to push legal actions here as for money and many other things, she could prove the marriage legal then you could be on the hook. I hope that you didn't get any things going on the visa thing...

 

Now, to do the divorce in China would be simple but by law there, you would have to go with her to the marriage court and if no common property/children, the divorce would be quicker than getting married. From what I studied and researched, you could not get around this fact.

 

So...go for the divorce here then you are then single again but not in China. I picked this up on this site and several other sites. If you do, you will have a load off your shoulders and send the papers after all done and said. Get the highest possible certified copy of the divorce and send it back to her. I may get blinked on this but go to dad's divorce forum and look up draton1952 and read some of the comments there.

 

Divorce is not a nice thing but you have to put yourself to the grind and free yourself. 18 months is a long time and weighing on you. It took me 10 mths to get it done but that was with my lawyer here. I am still not divorced in China but I am free here. Just one more step to get taken care of.

 

You have a great evening!

[pchina7]

And good evening to you pchina7

 

I hope that you didn't get any things going on the visa thing...

 

It took me 10 mths to get it done but that was with my lawyer here. I am still not divorced in China but I am free here. Just one more step to get taken care of.

 

 

Good morning again Draton,

Thanks for the insight.

I will contact a lawyer here and get some advice. I am still amazed that a divorce here can be had without a marriage ever being registered.

The visa thing has already been completed but she only visited here twice, both times not liking anything. She has been back in China for these 18 months. We have tried to reconcile but ot no avail.

 

Do you think you would be free to marry foreigner again if you got K-1 visa or something given your current status of "yes" here and "no" in China?

How will you leave things in China? Are you going to go there and register the divorce?

 

Regards,

Peter

[draton1952]

And good evening Peter,

 

It does blow one's mind how you can be married but not married in the states and it is legal.

 

Save some time and call your local lawyer's board. Ask for a reference for a expert on China. Interview a few of them (what state you in?).

Things I did

Have them draw up a simple minimum no contested divorce.

You will probably have to get it translated to mandarin. This can cost.

The lawyer will have to send it certified dhl. Make sure the english and translated copy are sent. Have them arrow the lines she is to sign. If you can, have her do this in front of a public notarizer there and get the seal. Wasn't needed in my case but get the i's dotted and the t's taken crossed so to speak.

Send a few bucks to her for these costs.

Make sure you have all the proof of this stuff (the lawyer will have this anyway to show proof).

The lawyer will submit to the court. The translated copy will be just evidence.

after done and signed by the judge, send her the two copies to submit and see what happens. They may or may not give the divorce but if she wants one, she will find a way to take care of it. If she does, have her send you a copy translated. Cheaper there I bet.

 

Or...if you do not mind the leg work, do the divorce yourself. The legal system allows this here and saves you some bucks. Just cover yourself.

 

Also realize that she may be embarassed to go to the court. But if you show you are proceeding she will probably do it.

 

For me, I will be sending the papers back to her this next week. Beautiful country and will go back some time maybe due to work but not to register the divorce.

 

Basically, after divorced here, you should be free to remarry here or somewhere else but not China until she or you take care of this.

 

As said, I covered myself and putting the ball in her court for the divorce there.

 

You have a good night!

 

Bill