Divorce in China
According to the statistics of the Ministry of Civil Affairs, in 2009, 1.71 million couples divorced. These figures only apply to divorce in the Office of the Ministry of Civil Affairs, excluding divorce from Chinese courts. It is estimated that 20% of Chinese marriages ended in divorce. In 2003, the Chinese authorities simplified the divorce process so that a couple could divorce for a small fee of $10 in one day. Since then, the number of divorces has increased dramatically over the past eight years. In China's larger cities, Shanghai, Beijing, Shenzhen, Xiamen, and Guangzhou, the divorce rate is estimated at around 35%.
Chinese Divorce Law
China's first marriage law was passed in 1950. This law allows divorce only after mediation and counseling have failed. China enacted the revised Marriage Law in 1980, entitled "The Marriage Law of the People's Republic of China." It was subsequently revised in 2001. The fourth chapter of the law deals with divorce. According to Article 31 of Chapter 4, both spouses seeking divorce should apply to the Marriage Registry of the Ministry of Civil Affairs. The Marriage Registry will confirm that both parties jointly request a divorce and have made appropriate arrangements for the care of the children and the disposal of the property. Once the authorities of the Marriage Registry are convinced that they will issue a divorce certificate.
If only one of the spouses wants to divorce, he/she can sue in a people's court to initiate a divorce lawsuit. The people's court must first try to alienate the reconciliation between husband and wife. According to Article 32 of the Marriage Law, the people's court may grant divorce for the following reasons:
- One of the spouses is guilty of a bigamy or cohabitation with another person.
- In the case of domestic violence, abuse or neglect.
- One of the spouses engaged in gambling, drug abuse, etc., and refused to reform.
- When the husband and wife are separated for two years due to lack of mutual affection.
- Any other case that undermines the feelings between husband and wife.
- A spouse was reported missing.
When the spouse of a serving soldier seeks a divorce, the divorce can only be granted if the soldier agrees. Only when a soldier commits a serious mistake can he/her consent be obtained.
The divorce rules were simplified in October 2003. A couple seeking a divorce can go to the marriage registry with a marriage certificate, residence letter, ID card and written divorce agreement and divorce on the same day. Before simplifying the rules, couples seeking divorce must provide advice from their institution or local residents' committee or village committee.
Why do Chinese citizens who want to immigrate to the US need a certified divorce certificate translation?
In both cases, a Chinese translation divorce certificate or divorce order is required:
1] Chinese citizens can apply for a marriage visa or a non-marriage visa [K-1 visa or K-2 visa] when Chinese citizens want to marry a US citizen and want to settle in the United States. If the applicant has previously been married and divorced, he/she must submit a translation of the Chinese to English certificate of the divorce certificate to the US Citizenship and Immigration Services [USCIS].
2] If a divorced Chinese citizen successfully immigrates to the United States and subsequently decides to marry in the United States; when applying for a US civil marriage court, he/she must submit a Chinese certified divorce certificate translation.
Chinese to English certification translation service
Chinese certified divorce certificates should be translated in accordance with US Federal Regulation 8 CFR 103.2[b]2 regarding US Department of Homeland Security/Immigration Regulations/Powers and Responsibilities- Record Availability.
Orignal From: Chinese certified translation of US immigration applicant divorce certificate
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