Legal Question in Family Law in Wisconsin

Re: Where to file for devorce?

You can file a civil lawsuit in the local Chinese court where you lived for at least 1 years before sueing.The requirement of filing lawsuit is that you have a habitation in that court's precinct and lived there at least for the last 1 year.And as to the standard of divorce,China is also a "no fault" country.That is ,if the emotional connection(intimate feeling)between the couple is irretrievably broken,then the court would grant the divorce.I think that filing in Wisconsin would give you the advantage of some kinds regarding to the real estate.To divide the marital asset,if the asset including some real estate,it must adopt the law of the state where the real estate is located.

I am a Chinese licensed lawyer practicing in Xi'An City,ShaanXi Province of P.R.C..If you have any question about Chinese law,don't hesitate to contact me.

Re: Where to file for devorce?

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Re: Where to file for devorce?

Depending on how long you've lived in China, you might have to file there. In any event, you probably can do it there (check with a Chinese lawyer). An alien (that's the legal term for non-U.S., "international") marriage or divorce is recognized and honored here. I see no advantage to getting a divorce in Wisconsin, as opposesd to elsewhere in the world. In fact, if you have children, it might be even more of a hassle getting a divorce here, since they make both parents attend a "parenting class" before the divorce is granted. Also, there's a mandatory 120-day waiting period here between the time of filing and the time when the divorce may be granted by the court. I know there is no such mandatory requirements in other states. And all other states in the U.S. are "no-falut" divorce states, too. That means the only reason that needs to be presented to be entitled to obtain a divorce here is one of the party's believing that the marriage is "irretrievably broken." That may not be the case in China - they might require you to show some grounds for divorce, like abuse or abondonment (such as was the case with U.S. divorce laws before the "no-fault" divorce laws were developed in California and eventually adopted by the other 49 states). So, if there would be any advantage to getting divorced here as opposed to China, that might be it.