Non-US Laws/Divorce

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Question
In 2001 I married in Guangzhou and lived there for 3 yrs. I then emigrated my then wife and her daughter to US. They are now US citizens.

We have not lived together for 2 yrs (my wife living with another man) and have filed repeatedly for divorce in Alameda County California where we live! But we keep getting "refused by the courts"! They keep inventing new forms we were never presented upon our filings! They have shot us down 3 times now and our divorce is like this:

  - We are both in agreement to divorce
  - There is "no assets, no properties, no settlements or support
  - No liabilities, no custody (child is 19 now)

      Since you have said "a China divorce must be filed in the State of our residency" I was wondering, since I eventually (2 yrs from now) return to China to live by myself year-round, leaving only 2 weeks-a-year for a business visa renewal, could I then file this divorce in Guangzhou as "a China resident"??

PS:  My former wife (yes, the one I'm still married to) is willing to fully cooperate in any way and feels badly for me since I wish to "remarry" (she is content with just "living with her boyfriend)!

         With Sincere Regards,

         Paul Casson   (Casson-Li)

Answer
Hi Casson,

Although you and your wife registered your marriage in Guangzhou, China, your wife are US citizen and live in US now, a US court would be much more suitable for your case.

I don't know why the Alameda County court refused your case, and present new what kinds of forms. There may be some misunderstandings about your case. I think you may need a lawyer in Alameda County court to represent you.

As for file a divorce case in China, it would be more hard than in US. Unless you and your wife come back to GUangzhou both.

So my suggestion is keep on filing your case in Alameda County court. In case of any needs of Chinese law, I would be glad to provide any help.

rgds.

Dong

Non-US Laws

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John Dong

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Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law. skype: johnsondong email: dong_xz#tom.com

Experience

Over 10 years practice in the field of Chinese law and international law. Extensive practice in company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.

Organizations
Yingke Law Firm Guangzhou Office. Attorney at Law. Address: 15,16,17,18/F, B tower, Southern Media Building, No.289 Guangzhou Avenue M., Guangzhou, Guangdong, P.R. China. Post Code: 510610

Publications
Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.


Education/Credentials
Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.

Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.


Past/Present Clients
V*** Inc. (US, NY), F*** Co., Ltd. (US, NY), V*** Inc. (US, CA), S*** GmbH (Germany), S*** Ltd. (Japan), N*** Group. (Italy), W*** Gmbh&Co.KG. (Germany), N*** (CHINA) LIMITED(Hong Kong), L*** Limited of Hong Kong, D*** Bank, Ltd. (Hong Kong), K*** Limited (Hong Kong), F*** Limited (Hong Kong), P***HoldingsCo. Ltd. (Hong Kong), N*** Holdings Limited. (Hong Kong) and etc.

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