Divorce

[who]

Hello,everyone,well sorry to say but my wife and I are getting a divorce,

we got married this last march in nanning and we are splitting,, She has not been to america and I have only been there one time,,We are at the p3 phase of the visa

 

question

 

what do I need to do to get divorced in china,,

Is it a real marrage in the eyes of america

 

Thanks

[Trigg]

Sorry to hear this. I'm not sure how to get divorced in China but I am sure it is a real marriage in the US.

 

Good luck

[jam]

Hello friend,

 

Sometimes we go through various challenges in life, and definitely the obstacles and challenges manifest more within the structure of marriage. Not knowing the circumstances, perhaps you may be able to save your marriage through the process of discussing the issues without allowing our negative emotions to rule our mind.

 

You have invested many hours in order to accomplish your personal goal, which I believe is marriage and the establishment of a stable family.

 

Now!!! is the time to proof to her that your intentions were pure. Perhaps, she is testing you. She wants to see how you react to difficult situations.

 

Buddy, do not give up. She is your wife. Living in the United States, sometimes Americans look for the easy way out. Divorce is not the answer. Keep trying.

 

Always remember, "Tough Times Never Last But Tough People Do"...by Dr. Robert Schuler, Crystal Cathedral.

 

I hope you do not get offended by my message.

 

Alberto

[mikem]

There was a post on this subject several months ago.. I will try to list what I remember.. One of the other old timers here can correct or add.

I know it has something to do with your RED BOOK which as I undersand is your marrige agreement/license in China.. I think you need to go to the Notary in China declear your divorce showing your RED BOOK and from what I can re-call it takes about two weeks to get..Do not hold me to all of this but I am trying to remember from memory.. I am sure someone with more facts will jump in. But it seemed very easy to get in China.

[maiyademama]

Hi Who,

I remember you from before and always wondered what happened with your situation. Guess this is it. I am sorry to hear that it did not work out. I looked into this issue before and from what I was told, one of you has to go the court of place the marriage was registerd in China and request a divorce. Is this a mutal decision? If not, it may get tricky. You could just file for divorce in the States but it won't be recognized in China (US and China do not have reciprocity) which means you will still be married to her if ever you decide to return to China or marry another Chinese woman.

 

The General Principles of the Civil Law of the People's Republic of China, Article 147, also set forth the principle that a divorce shall be bound by the law of the place where a court accepts the case. According to the Marriage Law of People's Republic of China, if both partners of a marriage seek a divorce voluntarily, they may go to the appropriate marriage registration office to file the registration for divorce. If one of the partners requests a divorce and the other does not agree, the former can then file a divorce suit with the court. But registration for divorce with the marriage registration office is not applicable to a foreign-related marriage. All cases of divorce in China concerning a foreign-related marriage must be filed with the court. In order for the Chinese court to accept such a case, at least one of the partners of the marriage must either have Chinese residency and be physically present in the territory of the People's Republic of China or have resided continuously in China for at least one year. Provided the above requirement is met, in case the other partner of the marriage resides outside China, the one requesting a divorce may file a divorce suit with the intermediate people's court in the place where he or she lives, or where his or her residency is registered. Otherwise, if the partner requesting a divorce lives overseas, he or she may file the suit with the intermediate people's court in the place where either the other partner of the marriage lives or that partner's residency is registered.

 

Once again, I am sorry it didn't work out.

 

warm regards,

 

Tazsa

[beijingjenny]

So sorry to hear this too. I would guess too the office that registered you might know what to do. But I'm surprised, Taz, if there is reciprocity in marriage, why not divorce?

[maiyademama]

So sorry to hear this too. I would guess too the office that registered you might know what to do. But I'm surprised, Taz, if there is reciprocity in marriage, why not divorce?

That is just what I was told by the lawyer I spoke with when i was considering divorce...he said it has to be filed for in China...I know we do not have reciprocity for things like child support either...I think the only reason the marriage is recognized in the states is if you register your marriage with the embassy or consulate in China OR if you begin the visa process, then by default your marrriage is recognized. If you just got married in China, didn't report it to any US authorities, one could quite feesibly get married again in US without it ever showing up that you are already married.

 

How is it going Jenny? Are you going to update your twins thread?

[Mengxin]

Dear Who, File here just like normal. I don't know what your situation is, but if it's ugly, better to have the ball in your court and get the papers started here, before she does there. In CA the law is 1/2 earnings from the day you married. Never needed to step foot in the US or even get a visa. Another reason to be careful, but you can't always know what will happen. Sorry to hear your news and things didn't work out. Please don't describe the details of the reason why. It's your own business, people will be anxious to come to quick conclusions and judge you. Don't put yourself through that because it always comes down to the "blame game". Don't play that game. It sucks. The way you asked the question was the best way.

[beijingjenny]

Taz, I never registered my marriage at the Embassy, though you're right they know of course now that we applied for immigrant visa. But when we were getting married, I asked the Embassy and they said there's nothing I need to do, that it's automoatically recognized. We wanted to register in the US too but they told us we couldn't.

 

Good idea, will update my thread... !