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I am married to a Chinese national and we both want to

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divorce. We were married in...
I am married to a Chinese national and we both want to divorce. We were married in Nanjing China in 2012. In 2013 she got her green card and moved here. Ironically, after she get her permanent 10 year green card in 2016 she decided she didn't like living in American and moved back to China. We both have agreed to get a divorce. In 2014 we married in California but I know how to get divorced in America. The question is: I can't afford the time or money to fly back to Nanjing which is what I'm told is required for her to divorce me in China. Is there a way for her to file for divorce without me present in China? I want to make it easier for her but I can't go back to China.I am posing this to an immigration lawyer as I'm guessing a family lawyer will have no clue about Chinese divorce law.
Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
10/14/2017
Family Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,985
Experience: Retired
Verified

Hello,

Is there some reason why you do not want to file for dissolution of marriage (divorce) in California?

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Customer reply replied 8 months ago
I am doing that but as far as I’m told by her that isn’t sufficient to make us legally divorced in the eyes of the Chinese government. first got married in China. CA also doesn’t recognize foreign marraiages so we got married in both places.
Customer reply replied 8 months ago
I am doing that but as far as I’m told by her that isn’t sufficient to make us legally divorced in the eyes of the Chinese government. first got married in China. CA also doesn’t recognize foreign marraiages so we got married in both places.
Family Lawyer: socrateaser, Lawyer replied 8 months ago

Okay, well, you're correct that I don't know the divorce law of China. But, I do know California family law (because that's where I'm licensed to practice law), and I can assure you that if you file for dissolution in California, the court will absolutely recognize your marriage in China and it will grant you a judgment of dissolution.

If that's not good enough, please let me know and I'll reopen this question for anyone else who may have a clear understanding of China divorce law.

Thanks for using Justanswer!

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Customer reply replied 8 months ago
I appreciate the info but that doesn't help me. I am not worried about getting divorced in CA. I've done that once before and had to get a Default judgement so I know its possible even if she doesn't help me. But the separation is amicable and I'm trying to help her get divorced IN CHINA, not here. So I am looking for someone that knows if there is a way to get a divorce IN CHINA without travelling there, purely to help her get the divorce so she can move on with her life and marry someone again in China if she likes. THanks.
Family Lawyer: socrateaser, Lawyer replied 8 months ago

Alrighty then, I'll reopen the question for others to assist. Thanks again for using Justanswer!

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Customer reply replied 8 months ago
Ok, thanks.
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