China Divorce Procedure — Mutual Consent & Contested Divorce

Divorce in China can be obtained through mutual consent (administrative procedure at the civil affairs bureau) or contested divorce (court litigation). Foreign nationals married in China or to Chinese citizens should understand both procedures.

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.