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Q: How to find out, if my Chinese wife filed for divorce?
Hello all,
I hope someone can answer my question.
I got married in Wuhan, October, 2012. I and the wife could not get along. I last saw her in Wuhan in July 2014. We both agreed to get divorce after I return to the U.S. She is currently in Wuhan. I have not been back to China since July 2014. I currently live in the USA.
She is not answering my calls or Wechat ( I still see her on Wechat).
My question, how can I find out if she has already filed ( and got ) a divorce? I would prefer, to not go back to Wuhan. I have my Red marriage book.
Can I inquire via a phone call to the Marriage Administration office or have a Chinese speaker call and find out for me? Will they give this info to anyone who inquires?
Can I inquire via the Chinese Embassy in USA?
What is the cheapest way, to get this information?
8 years 10 weeks ago in Visa & Legalities - China
A foreigner and a Chinese national, married in China, cannot get a divorce unilaterally. You must go to the local PROVINCIAL court (not the marriage bureau) and petition for divorce.
A divorce can be granted without lawyers if the petition is mutual and you've spelled out how the assets (if any) will be divided and the kids (if any) will be provided for.
If one party contests the divorce, then you will require lawyers.
An awesome provision in Chinese marriage law is that if you can prove that you and your partner have not lived together in the same domicile for the past three consecutive years, then one party, with proof, can unilaterally apply for divorce (no-fault divorce) .
You can do a search online for "Chinese marriage laws red book" (there is actually a "little red book" that spells out marriage and divorce laws).
ScotsAlan:
Yup sinobear. I agree.
A divorce in China costs the same as marriage. Go to the office together, pay your 9 RMB, and you are divorced.
ironman510:
Also if you lived separately for 3 years you can get a "nonefualt divorce". So keep your PSB apartment registration certificates as proof, IF you have to go this route.
I know this is China and all, but wouldn't someone need to at least inform you if she had filed?
Your best bet is probably the Chinese Embassy, I'm sure they could at least point you in the right direction.
Michael2016:
I will call the Embassy this week ...and post an update.
ironman510:
Like sinobear said and we as well just found out this week, they must go together or no divorce or he has to wait 3 years than he or she can get a nonefualt divorce because they didn't live together.
That's why you have to be careful when decides to get married with someone. I know some western guys got married after a short time date with their Chinese partners.
Hotwater:
I know a few Chinese couples who got engaged after a couple of dates, got hurriedly married and 6 months later the baby arrived. I'm also generalising
Viki87:
My ex married a Chinese woman after 2 monthes online dating and two monthes living together.
RandomGuy:
The faster you marry, the sooner you divorce. Seems to be the norm, with a few exceptions.
Englteachted:
I think it is ok for her to make this comment. We often do this so why is it wrong for her to do it?
Michael2016:
I knew her for 3 yrs before marriage and visited her 3 times . Spent 6 months with her. I spoke with her almost daily.
My advice to any foreigner is never to marry a Chinese woman .... who has a son.
A foreigner and a Chinese national, married in China, cannot get a divorce unilaterally. You must go to the local PROVINCIAL court (not the marriage bureau) and petition for divorce.
A divorce can be granted without lawyers if the petition is mutual and you've spelled out how the assets (if any) will be divided and the kids (if any) will be provided for.
If one party contests the divorce, then you will require lawyers.
An awesome provision in Chinese marriage law is that if you can prove that you and your partner have not lived together in the same domicile for the past three consecutive years, then one party, with proof, can unilaterally apply for divorce (no-fault divorce) .
You can do a search online for "Chinese marriage laws red book" (there is actually a "little red book" that spells out marriage and divorce laws).
ScotsAlan:
Yup sinobear. I agree.
A divorce in China costs the same as marriage. Go to the office together, pay your 9 RMB, and you are divorced.
ironman510:
Also if you lived separately for 3 years you can get a "nonefualt divorce". So keep your PSB apartment registration certificates as proof, IF you have to go this route.
so you dont know any of the same people as your wife or her family members ?
Michael2016:
i only knew them while we had vacations to the hometown. None of them spoke English. I had no reason to have their phone numbers etc.
philbravery:
may i ask how old you are ? and how long you were in China?
Michael2016:
Early 50's .. I spent a total of 13 months living in China....over the course of 2.5 years.
unofficially, you did not here this from me,
move to the state of OHIO, and live there 4 months or show residence for 4 months, file for divorce based on desertion of your wife for 60 days, no contact, send certified letters to last known address, run ad in local paper, and court will give you divorce based on desertion, many rich americans send their wifes on cruises or shopping sprees in europe and go back to home country and spend time with relatives honey, i got you a 90 day round trip ticket, i miss you honey and love you. 90 days later divorced , no money , no home, no honey , no fuss.
ScotsAlan:
America is a complex and fascinating place. If you need something, you have a state that can provide :-)
ambivalentmace:
yes, scotsalan, many strange things
tennessee charges the same price for yearly license plate regardless of the car you drive, while georgia next door charges by the value of the car, you could save 3000 dollars a year by tagging a rolls royce in tn instead of ga.
arizona gives you a driver's license good for 25 years or 65 years of age whichever comes first.
if you buy an new car in delaware with no sales tax, tag it for 90 days and then move it to your home state, you would save 5 to 10 percent of the price.
arkansas want let a credit card charge more than 12 percent interest.
some of these have changed since i left in 2008 but im sure there are others i forgot to mention.
silverbutton1:
most US states require the person to be a resident for any legalities to be done in said state. Usually the length of time is at least 1 year of residency. I am not familiar with the State of Ohio, so your comments might actually be true. but regardless, OP needs to look more into it and make a solid decision.
ironman510:
China also has this, wait 3 years and if you didn't live together you can get a nonefualt divorce, even for a foreigner.
Update: She ... did not file for a divorce, she contact me, last week. She desperately wants me to return to get the divorce because she met a doctor, who wants to marry her .
She claims that if she initiates the divorce it will cost her about 30,000 rmb with a lawyer.
She is willing to pay 50% of my travel fare but I am hesitant to return to China.
She said that she cannot file for the divorce, even though I have not return for 2+ years.
I honestly, would like this to be over with but hesitant to go into the lion's den.
icnif77:
She might 'dissolve-divorce' you different way. I'm not into marriage law, but I'm sure there's a way to it, because you're both different nationalities.
That rule differs between countries, but I know there's possibility in law for divorce without your presence, because you're long out of her home/country of marriage as a main cause.
Read here something about 'determination of marriage validity' at Wiki:
https://en.wikipedia.org/wiki/Marriage_law
'Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries.'
I'd let her get new doctor, especially if she's offering your expense sharing. Have in mind, that 'negotiating' is the matter of Chinese culture, so you can 'negotiate' more (on your expenses).
add-it: 'See Sino's post above about 'no fault divorce'.'
silverbutton1:
sounds to me you actually have the upper hand. use it to your advantage. make her pay for everything. REMEMEBR, you are the one being inconvenienced by having to come to China. make sure she is aware of this solid fact.
silverbutton1:
in addition, hopefully you havnt "tipped your hand" and let her know that you really want a divorce too. if you tipped you hand, just make a point that by you coming back to China is a huge inconvience and cost. she is the one wanting to rematty, not you(for now)
A Chinese friend with a similar experience to yours told me this:
she could divorce you under Chinese law of 'abandonment', whereas a marriage can be dissolved if one of the partners 'has not come home'. In other words, if you have not 'seen each other and not been together'.
many people get around age limits and hukao bs by getting married in hong kong, so i would assume that divorce is faster and quicker in hong kong and recognized in china, might be to your advantage to do this away from her home court advantage.
