Nowadays, the divorce rate is particularly high. It's no longer like 'in the past, when the TV was broken, I just wanted to repair it, but now when the TV was broken, I just wanted to replace it'. Moreover, according to statistics, the divorce rate caused by long-term off-site divorce is particularly high, so can the divorce procedures be handled off-site? How to deal with divorce procedures in other places? Let's have a look.
Among them, divorce by agreement explicitly requires that the couple can only go to the marriage registration institution where one party's registered permanent residence is located to go through the procedures, so strictly speaking, divorce procedures can not be handled in other places by agreement. Divorce can only be handled through litigation. As for whether the divorce procedure can be handled in another place, I believe many people are still at a loss and have different opinions. Some people think it can, while others think it can't. First of all, we should know that there are two ways of divorce: agreement divorce and litigation divorce. Among them, divorce by agreement explicitly requires that the couple can only go to the marriage registration institution where one party's registered permanent residence is located to go through the procedures, so strictly speaking, divorce procedures can not be handled in other places by agreement.
Now let's take a look at the litigation method of divorce, which is actually going to the court to sue for divorce.
According to Article 12 of the supreme law of the people's Republic of China on the application of the civil procedure law, in some special cases, couples are allowed to divorce in other places. Specifically, it includes the following situations:
1. If either of the husband and wife has not been in the place of residence for more than one year, the party who filed the divorce lawsuit shall be under the jurisdiction of the court of his habitual residence.
2. If both husband and wife have been away from home for more than one year, the people's Court of the habitual residence of the divorced party shall have jurisdiction. Considering that in some cases there may not be a place of habitual residence, the people's Court of the place of residence at the time of filing the divorce lawsuit shall have jurisdiction.
3. If either of the husband and wife is reeducated through labor or is serving a sentence in prison, it shall be under the jurisdiction of the people's Court of the place where the party bringing the divorce lawsuit (that is, the plaintiff) has his domicile; however, if the plaintiff's domicile is inconsistent with his habitual residence, it may be under the jurisdiction of the people's Court of the plaintiff's habitual residence.
4. If the husband and wife belong to the military, the divorce situation is more special. The procedures for military personnel to go through divorce in other places depend on the situation. There are two points as follows:
(1) The people's Court of the place where the divorce party is domiciled shall be under the jurisdiction of the people's Court of the place where the divorce party is suing.
(2) If both the husband and wife are soldiers, the jurisdiction of the people's court at the residence of the party suing for divorce or at or above the regimental level where the party suing for divorce is located shall be exercised.
5. If either of the husband and wife does not live within the territory of the people's Republic of China, it shall be under the jurisdiction of the people's court in the place of domicile of the party suing for divorce; if the place of domicile of the party suing for divorce is inconsistent with the place of habitual residence, it shall be under the jurisdiction of the people's court in the place of habitual residence of the party suing for divorce.