Divorce - Stopped 1 week before interview

[WhatSpoon 0]

http://www.visajourney.com/forums/topic/452896-cold-feet-married-a-girl-from-china/

So I decided to listen to my gut and go ahead and stop the process. I sent a notification to the embassy and withdrew my application.

I just signed an engagement agreement with a divorce attorney and am planning on filing for the divorce here in the U.S.

We talked tonight and it seems pretty mutual - she's ok with the divorce. However, she says that there are two ways to get a divorce because of the rules of the province that her home town is in. She says that I have to fly to China and go to her home town, we can get it taken care of in a day. Otherwise, doing it remotely using a form will take a year or more.

From what I read, I could file for divorce in the U.S., and China would recognize the divorce.

1. What are the chinese regulations on a divorce and split of marital assets? In short, there is nothing owned in common. I own a house in the U.S., but it's more true to say I own the mortgage on a house. We've never lived together, never had a shared bank account, no kids, basically - separate lives.

2. If I go ahead with filing for the divorce in the U.S., is this ok for her as well? Will China recognize that and allow her to marry again if she desires? She's concerned about the status of her ID card and things like that (stuff lost in translation).

I'm hesitant to fly back - the process sounds simple but flying to china, signing forms I don't understand, I worry they will be like ok - well you need to pay XX amount to her now, or something heh.

[RandyW 149]

File for the divorce in the U.S., and mail a certified copy of the papers to her.

If she asks, you can put it through the documentation certification procedure for U.S. legal documents to be used in China. Your state's Secretary of State will certify the document's authenticity, then the Chinese consulate with jurisdiction over that state will provide a Chinese-language seal.

http://houston.china-consulate.org/eng/vp/gzrz/t53297.htm

[WhatSpoon 0]

File for the divorce in the U.S., and mail a certified copy of the papers to her.

If she asks, you can put it through the documentation certification procedure for U.S. legal documents to be used in China. Your state's Secretary of State will certify the document's authenticity, then the Chinese consulate with jurisdiction over that state will provide a Chinese-language seal.

http://houston.china-consulate.org/eng/vp/gzrz/t53297.htm

Thanks so much for the help. I think filing in the U.S. I might apply for an annulment. On her side is this a long drawn out litigious proceeding or what does she have to do to make sure her status is ok as well?

[RandyW 149]

Once you're marriage is ended, you're done!

Give her your (American) paperwork, and let her handle the details in China - you can't do any better than that.

www.china.org.cn/english/Life/67167.htm

All cases of divorce in China concerning a foreign-related marriage must be filed with the court. In order for the Chinese court to accept such a case, at least one of the partners of the marriage must either have Chinese residency and be physically present in the territory of the People's Republic of China or have resided continuously in China for at least one year. Provided the above requirement is met, in case the other partner of the marriage resides outside China, the one requesting a divorce may file a divorce suit with the intermediate people's court in the place where he or she lives, or where his or her residency is registered. Otherwise, if the partner requesting a divorce lives overseas, he or she may file the suit with the intermediate people's court in the place where either the other partner of the marriage lives or that partner's residency is registered.