From: Ten questions and answers on registration and divorce of transnational marriage, by Xuhui Court, Shanghai, China

Question: One party is of Chinese nationality and the other party is of foreign nationality. After marriage, the Party of Chinese nationality resides in China and the Party of foreign nationality resides abroad. Both parties have filed divorce proceedings in their residing country. How to deal with the procedure?

Answer: Thedivorce proceedings of Chinese courts are not restricted by the proceedings of foreign courts. Even if foreigners first file divorce proceedings abroad, one party in China has the right to file divorce proceedings with Chinese courts. Chinese courts try and make judgments in accordance with Chinese laws. The judicial interpretation of the civil procedure law stipulates the divorce proceedings of Chinese citizens living in two countries, which can be referred to. The people's Court of the place where the Chinese citizen resides has jurisdiction over the divorce proceedings filed by either party to the people's court, regardless of whether the Chinese citizen resides abroad or in China. If the foreign party brings a lawsuit in the court of the country of residence, and the domestic party brings a lawsuit to the people's court, the people's court subject to the lawsuit shall have jurisdiction.