Legal Question in Family Law in China
Legal Separation for Amer. in China
I am trying to find out info for a friend in China. How does an American citizen go about getting a legal separation when the parties are in China? She is enduring spousal abuse right now, has six children, and wants to file a legal separation. They have been married for 20 years, married in CA, have lived in different states including VA, and now have been in China for seven years as missionaries and founders of a large organization. Where should she start?
Thanks for any info you can give me.
2 Answers from Attorneys
Re: Legal Separation for Amer. in China
I see no reason as to why this person cannot separate herself with her children from her husband at any time.
However, if she intends to obtain an American divorce at some future date, she will need to establish the required residency in whatever state
it is that she intends to obtain the divorce.
Re: Legal Separation for Amer. in China
If she cannot start the action for a legal separation in the U.S.A.,maybe she can sue his husband for divorce in China.But in the People's Republic of China,there is no the concept of "legal separation".The only way to dissolve a marriage is divorce.
If the defendant has lived continuously in the district for at least 1 years till commencement of action,the local court would file the case.And there may be some uncertainty,different court may deal with the similar situation in different way.
I am a lawyer inhabitting in Xi'an,Shaanxi Province,but I can practice in any part of the country.If you have any question,please contact me.I would be glad to give any help.
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