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U.S. Court Judgments
If you are overseas, such as in the United States or Canada, and need to divorce your spouse in China but cannot conveniently return, what should you do?
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1) Filing for Divorce in a Chinese Court
If one or both spouses cannot return to China in person or cannot reach an agreement on issues like property or child custody, the marriage can be terminated by filing a lawsuit in court. The court will issue a divorce mediation agreement or a divorce judgment in accordance with the law. However, the party unable to return must appoint a representative to handle the lawsuit, and the power of attorney must be notarized or authenticated by the Chinese embassy or consulate abroad before being sent to China for use.
2) Filing for Divorce in a Local Court (e.g., U.S. District Court)
Courts in the local country can accept divorce applications from foreign nationals, allowing you to file for divorce locally. The judgment (decree, filing) from that country's court must undergo a three-level authentication at the Chinese consulate and then be submitted to a Chinese court for recognition.
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