It is probably easiest to divorce in China around the world

 2018-04-16  1606


It is probably easiest to divorce in China around the world

After decades as a divorce lawyer in China, we still think that divorce is the easiest to divorce in China.China is a big country with high number of divorce cases, and Chinese divorce lawyers have extensive practice space.

There are two ways for divorce in China, one is administrative divorce, i.e. agreement divorce.The other is litigation divorce.First of all, administrative divorce, that is, the husband and wife jointly go to the Civil Affairs Bureau for an administrative confirmation to register for divorce, and Chinese law does not set any obstacle in this respect. Secondly is litigation divorce, of which the proceedings include two types: first filing for divorce and the second one. About 30 percent of cases have been decided for divorce for the first time, and the remaining 70 percent decided for divorce in the second.

For the first time to sue for divorce, one of the following situations shall be met:

A ) Bigamy or, cohabitation of a married person with any third party; 

B) Domestic violence or maltreatment or desertion of family members;

C) Refuse to correct bad habits like gambling, taking drugs, etc.after repeated education;

D) Live apart for two years because of emotional feud;

E) Other situations that cause marital breakdown.

If one party is declared missing and the other party files a divorce proceeding, the divorce shall be granted.

If the above circumstances are not satisfactory, a second sue for divorce may be filed after six months. In the second divorce proceedings, it is easy to get a divorce without much looking into details. China's divorce is not unique in the world, but it must be extremely loose. Divorce lawyers at Shanghai Nuo Di Law Firm (www.shndlaw.com) are often received cases of  lightning marriages and lightning divorces, which means they just registered for marriage in the morning and got divorced in the afternoon.

Divorce lawyers at Shanghai Nuo Di Law Firm (www.shndlaw.com) have found that western countries are stricter on divorce. For example, it it not allowed to divorce within one year of marriage in Britain; while in France, the separation period shall last for

three years;Germany doesn't allow divorce agreement, all divorce cases must go through the court review, which is much more strict than that of China: when both sides have agreed to divorce, it also requires separation period at least last for one year; when only one party requests divorce, it is required that separation period lasts at least for three years.

 

Research Center of Shanghai Nuo Di Law Firm

April 18, 2018