Getting A Divorce When One Is In China

[Guest hakkamike]

Just thought I would ask this question as my wife and I are thinking about getting a divorce. Would it be better to have it done here as opposed to her going back and then me filing the paperwork?

Thanks, Michael Perez

[frank1538]

Bummer Absentee divorces (when one of the parties is not present) can present some problems with notification, serving papers, acknowledgements, etc. If you are intent on going through with it and she is definitely headed back, my recommendation is to finish it here rather than trying to finish it after she is gone.

[NicolaNSam]

Michael,

 

Sorry to hear the news.....hope everything works out for you in the end.

[olemanoman1950]

You said Thinking of ?? Maybe theres hope, is she home sick? Maybe a Heart to Heart Chat is in order???

[keelec]

Mike,

 

Sorry to hear the news.

 

Post your story sometime. Maybe someone will have some new revelations that will change your life.

 

And, of course, we all like some juicy gossip..... My name seems to have gotten stuck with several gossip columns... 2 polls, 2 RR postings... Somebody even came up with the theory that I was a "closet gay"

 

International marriages are tough, and perhaps require a bit more attention than domestic marriages. I am sure that our fiancees and spouses give up a lot to come to the USA and it is up to us to help them feel comfortable when they get here.

 

As far as a divorce, I presume it can be done either in the USA, or in China, no matter where the original marriage was. It would be easiest with the couple in the same room, but presumably it could be done via phone, mail, and fax... Should this ultimately be necessary, hopefully someone else will have some real experience to share.

 

----- Clifford -----

[keelec]

Advise given here should be taken with a LOT of salt.

[skibum]

Michael, this is a shock. It seems like you have been on these forums forever. As I remember, there are a couple of kids involved. I think I would talk to a lawyer here and get a good opinion as to what to do. My feeling would be that it is better to get it done here and over with. By the way, each time I got a divorce my wife at the time and I used the same lawyer - much cheaper. The lawyer will try to talk you out of it but if you have everything worked out before hand, there is no reason not to save some money.

[se_lang]

Well I have met ya both an hate to see you split.

But to give you an idea of my last divorce we used no lawyer I had a paralegal file papers (I think she over charged me @ $1000) we lived in Wi, she ran off to Oh, I filed in Wi, then moved to Tx, we did all court hearings on the phone 3-way divorce court, only issue there was, was her being prego with another mans kid. If you 2 agree on everything I see no need to drag a lawyer in and have all the extra costs, I believe all property division in your case will be pretty cut an dry.

Good luck an let me know if you need anything, If you need someplace to drop the girls while you 2 have a quiet weekend an talk I will watch them it will be fun to see Ryan squirm with the girls around.

[AngryTexan]

Mike,

I'm an attorney, and while I do not practice family law, my instinct is to tell you that you should try to do it here if at all possible. At the very least, you should get the divorce petition personally served on her here so that a default judgment can be entered against her if she does not appear at the final hearing. If she returns to China and you have not had her formally served with the divorce petition, you could run into a real nightmare concerning notice, her ability to contest the proceeding (even in a no-fault state), etc. In most states, the court will proceed with the case in her absence, as long as she has been formally served. In any event, you should absolutely consult with a competent family law attorney in your state to review your options, given the differences in divorce law that exist between various jurisdictions.

Sorry to hear the news. Feel free to PM me if I can be of any assistance, although I am only licensed to practice in Texas.

[kk_zh]

as I understand, she is required to divorce in china if she got married in china. she can find a lawyer representing in china.

[hypoclear]

My wife divorced here in China.

 

Her husband was also Chinese, so this may have some effect. It was a very simple matter, a trip back to their home town to fill out some papers, wait a month and back out there to sign some others.

 

In fact I took the bus ride out there with them on the final trip, a different experience to say the least. Waited about 1/2 to 1 hour at the first office, than with papers in hand Bea had to run over to another office for a chop / sig whatever and back to the first office to complete. all totalled about 3 or so hours. Waiting on those gov/Chinese lunch hours.. added the extra time.

 

But as I said they were both from here so that may make all the difference in the world and doesn't even touch the issue of immigrent status etc.

[Jim - Portland, USA]

Mike,

 

I too am shocked and saddened to hear about this. I'm very sorry about this. Do you feel like sharing? I'd like to know more about some of the problems you guys experienced. I don't think this is gossip, I just think that you have some valuable insights that the rest of us can benefit from. international marriages pose special and unique challenges, and I'm very curious to know what factors are playing a part in your comtemplation of divorce. Any info would be much appreciated. Sorry again, I really hope you and her can find a mutally satisfying resolution.

[a2396]

Divorce in China:

 

This is interesting and sad of course to read this topic, since I may be confronted with this situation myself. I am the one with the missing wife, who just recently emailed me saying she wants a divorce (Mama doesn't like our marriage). This is all after being married the first part of February. We were married in China and my wife is still in China and no papers were filed to bring her here.

 

I have contacted some lawyers here and in China and got varying answere, of course. It seems it would be easy enough to divorce her from my state, particularly since I don't know exactly where she is, by serving the appropriate notices, etc. The biger problem is having this process recognized in China. I understand that there is a process to have an American divorce action recognized in China, but it would probably be best to talk to a lawyer in China, who knows the law and the proceedures there. I had to to quite a bit of calling to find a lawyer who does family law practice there and who speaks adequate English. Most of the law firms listed on the American embassy's web site specialize in business and trade law only. The local Chinese law firms listed don't speak much English.

 

If you ever want to go back to China or marrry another Chinese woman, it would be get to get everything legal in both countries.

[skibum]

a, in your case it seems to me that the easiest way would be for her to file there in China and go ahead with it. You may have to sign something but I don't see any reason in getting a divorce here as it seems much easier there.

I would think that it is to her best interest to see that the divorce it done there so she can get married again.