Generally speaking, the contentious divorce will be granted by the Chinese courts when at least one of following conditions can be satisfied:
– where circumstances causing the alienation of mutual affection exist (so-called “loss of affection”);
– where the spouses have lived separately for over two (2) years because of incompatibility;
– where a spouse has committed bigamy or has cohabited with a third party;
– where a spouse is has committed acts of domestic violence or has otherwise maltreated his/her spouse;
– where a spouse has a long-term gambling or drug addiction;
– where a spouse is declared missing.
As litigated divorce will take longer and cost more to handle than a consensual divorce. Generally speaking, no matter how hopeless the differences may seem, it is almost always a good idea to try and end the marriage through a negotiated divorce settlement.
To get the process started, you should try to have available the following documents:
Marriage Certificate;
Passport;
Work Permit or Foreign Expert Certificate;
Police Registration Forms;
Birth Certificate(s) (for minor children only);
Ownership Certificate(s) (if you own real estate)