Divorce in China
According to China’s Ministry of Civil Affairs, 1.71 million couples divorced in 2009. These figures are only for divorces granted by the offices of the Ministry of Civil Affairs along with do not include divorces granted by the Chinese courts. As per estimates, 20% of Chinese marriages end in divorce. In 2003, the Chinese authorities simplified the divorce procedures generating in which possible for a couple to divorce in a day for a modest fee of 10 yuan. Ever since, there has been a sharp increase within the number of divorces within the last 8 years. within the larger Chinese cities of Shanghai, Beijing, Shenzhen, Xiamen, Guangzhou, the divorce rate is usually estimated to be around 35%.
Chinese divorce laws
China’s first marriage law was passed in 1950. in which law allowed divorce only after mediation along with counseling had failed. China enacted a revised marriage law in 1980 called “Marriage Law of the People’s Republic of China”. in which was subsequently amended in 2001. Chapter IV of in which law deals with Divorce. As per Chapter IV, Article 31, a husband along with wife seeking divorce should apply to the marriage registration office of the Ministry of Civil Affairs. The marriage registration office will confirm in which both parties mutually want a divorce along with appropriate arrangements have been made for the care of any children along with the disposition of property. Once the authorities within the marriage registration office are convinced, they will issue a divorce certificate.
In case only one of the spouse wants a divorce, then he/she can approach the People’s Court to initiate divorce proceedings. The People’s Court must first attempt reconciliation between the estranged couple. As per Article 32 of the Marriage law, the People’s Court can grant a divorce on the following grounds:
- One spouse is usually guilty of bigamy or cohabiting with another person.
- In cases of domestic violence, abuse or neglect.
- One of the spouse is usually engaged in gambling, drug use, etc. along with refuses to reform.
- When the husband along with wife have been separated For 2 years due to lack of mutual affection.
- Any additional case which destroys the affection between husband along with wife.
- One spouse is usually reported missing.
When the spouse of a soldier who is usually in active service seeks a divorce, then the divorce can only be granted if the soldier gives his/her consent. Only if the soldier has made grave errors, will his/her consent not be required.
Divorce rules were simplified in October 2003. A couple seeking a divorce could go to the marriage registration office with their marriage certificate, residence books, identification cards along that has a written divorce agreement along with get a divorce on the same day. Prior to in which simplification of the rules, the couple seeking a divorce had to produce recommendations via the institutions where they worked or via the local residents’ committees or via the villagers’ committees.
Why do Chinese nationals who want to immigrate to the United States of America require a certified translation of the divorce certificate?
The Chinese to English translation of the divorce certificate or divorce decree is usually needed in two situations:
1] When a Chinese national wants to marry a U.S. citizen along with they want to settle within the United States of America, the Chinese national can apply for a marriage visa or fianc visa (K-1 visa or K-2 visa). If the applicant has been previously married along with divorced, then he/she will have to submit the Chinese to English certified translation of the divorce certificate to the U.S. Citizenship along with Immigration Services (USCIS).
2] In case a divorced Chinese national has successfully immigrated to the United States of America along with subsequently decides to marry within the US; then he/she will have to submit a Chinese certified translation of his/her divorce certificate when applying to a civil marriage court within the USA.
Chinese to English certified translation service
Chinese certified translations of the divorce certificate should be as per U.S. Federal Regulations 8 CFR 103.2 (b) 2 relating to the U.S. Department of Homeland Security/Immigration Regulations/Powers along with Duties – Availability of Records.