If you wish to file for divorce through litigation in China, the first question you’ll encounter is: which court should you file your case with? Under Chinese law, the general rule is that you must file your lawsuit in the court at the defendant’s domicile. However, there are several important exceptions:
- Common Exception #1: If the defendant has left the couple’s shared residence for more than one year, the plaintiff may file the lawsuit in the court of their own domicile.
- Exception #2 – Military Marriages: If the marriage involves a military member, the case is generally filed with a military court.
- Exception #3 – Incarcerated Defendant: If the defendant is currently serving a prison sentence exceeding one year, the lawsuit must be filed with the people’s court located where the prison is situated.
- Exception #4 – International Elements: If the marriage involves foreign elements (e.g., one party is a foreign national), as long as at least one party holds Chinese nationality—or if the marriage is recognized under Chinese law—the Chinese courts have jurisdiction.
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