Agreement (registration) path
When both spouses agree to divorce and complete required arrangements under applicable rules, they may apply to the marriage registration authority. National divorce-registration rules include a cooling-off period commonly described as 30 days—confirm current local practice, especially for foreign-related files.
Court path
Either spouse may sue for divorce. Courts examine whether the relationship has broken down and decide custody, support, and property under the Civil Code. Foreign parties should plan document authentication and service early.
Deep dives: foreign national process · cross-border custody · property.
Mutual Consent Divorce
Both parties agree on divorce, child custody, and property division. Apply at the civil affairs bureau with: marriage certificate, residence permits, divorce agreement, and passport/ID. A 30-day cooling-off period (Civil Code 2021) applies — either party may withdraw during this period.
Contested Divorce
File a lawsuit in the Basic People's Court where the defendant resides. Grounds include adultery, domestic violence, abandonment, separation of 2+ years, or irretrievable breakdown. First instance typically takes 3–6 months. If divorce is denied, the plaintiff must wait 6 months to re-file.
Cross-Border Recognition
Chinese divorce judgments may be recognized in foreign courts under bilateral treaties or comity. Foreign divorce judgments can be recognized in China under relevant treaties.