What To Do If Spouse Refuses A Divorce?

Let’s begin with consensual, also called mutual divorce, which is chosen when both parties agree on key issues such as child custody and property division. This process involves the couple voluntarily approaching the civil affairs department to register their divorce.

The first step in a consensual divorce is identifying the appropriate authority where the divorce registration will take place. This often depends on where one of the parties has their permanent registration. You may also visit the office where you got registered. On the scheduled appointment day, couples must bring their household registration booklets, ID cards, and original marriage certificate for review. If the documents are in order, a “Divorce Registration Receipt” is issued.

Following this, there’s a 30-day cooling-off period designed to give both parties time to reconsider their decision. Failing to complete the registration after this period is considered a withdrawal of the divorce application. After the cooling-off period, the couple must return with all necessary documents, including a divorce agreement and individual photos, to finalize the divorce.

Conversely, litigation divorce comes into play when spouses cannot agree on the terms of their separation. In such cases, the dispute moves to the legal arena, where the court intervenes to resolve issues through judgment or mediation.

The process begins with one party filing for divorce at the court, usually located in the defendant’s place of residence. The plaintiff must provide evidence that the marriage has irretrievably broken down. Typically, you need to be separated for at least 2 years, or prove that there is domestic violence, drug or alcohol abuse, or that your spouse has abandoned the family.

Foreign nationals are required to provide a photocopy of their valid passport, along with a translated and authenticated copy if the documents are not presented in person. A notarized or apostatized marriage certificate is also required if you did not get married in China.