1. Where can I sue for a foreign-related lawsuit?

 

According to China's "Civil Procedure Law" and the Supreme People's Court's "Opinions on the Application of the" Civil Procedure Law of the People's Republic of China "" and other relevant laws, the principles of jurisdiction over foreign divorce proceedings are summarized as follows:

 

(1) Chinese citizens and foreigners who request divorce in China should file a lawsuit in a people's court with jurisdiction in accordance with the relevant provisions of China's Civil Procedure Law.

 

(2) If Chinese citizens and foreigners require divorce outside of China, the local court will decide whether to accept the divorce in accordance with their domestic laws.

 

(3) One of the Chinese citizens resides abroad and the other resides in the country. No matter which party filed a divorce lawsuit with the People's Court of China, the people's court in the place of residence of the domestic party shall have jurisdiction.

 

(4) Overseas Chinese who are married in the country and settled abroad are not accepted if the court of the country of residence is based on the jurisdiction of the court where the marriage is concluded, and the party filed a divorce lawsuit with the National Court of China. Accepted by the people's court of the last place of residence.

 

(5) If both citizens are abroad but have not settled, and a divorce lawsuit is filed with the people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant resides.

 

(6) Overseas Chinese who are married and settled overseas are not accepted if the court of the country of residence is based on the jurisdiction of the court of the country of nationality. The people's court of residence accepts.

 

2. How to serve litigation documents for foreign divorce

 

The court litigation documents include: copy of the complaint, copy of the appeal, copy of the defense, subpoena, judgment, mediation, ruling, decision, notice, certificate, service certificate, and other judicial documents. These legal documents directly involve the rights and interests of foreign-related divorce parties, so delivery is a very important issue.

 

In a foreign-related divorce case, the people's court may serve litigation documents in the following ways:

 

If the foreign-related divorce parties are all in the country, the documents shall be served in the same manner as the documents for divorce of domestic residents, that is, direct delivery, postal service, indwelling service, entrusted service and announcement service.

 

Legal basis:

 

The Civil Procedure Law of the People's Republic of China

 

Article 22 The following civil proceedings shall be under the jurisdiction of the people ’s court where the plaintiff ’s place of residence is located; if the place where the plaintiff ’s place of residence differs from the place of usual residence, the place shall be under the jurisdiction of the people's court of the plaintiff's place of usual residence:

 

(1) Lawsuits related to identity relations filed against persons who do not reside in the territory of the People's Republic of China;

 

(2) Lawsuits related to identity relationships filed against persons whose whereabouts are unknown or whose disappearances have been declared;

 

(3) Lawsuits brought against persons who have taken compulsory educational measures;

 

(4) Lawsuits brought against imprisoned persons.