Posted by
vlr
10 yrs ago
This seems so much more complicated as expats.
Husband is Italian. I'm American. We were married in Italy.
We are both permanent residents of HK, but now live in China (along with our two children).
Where do I file for divorce, if it comes to that?
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My advice would be to work out where you are both going to be for the next few years and whats in the best interests of the children. hopefully it can stay amicable during the process, but in the case it doesnt best to have a legal jurisdiction nearby. As you have PR in HK that would seem to be most logical if you are staying in China for a while and it doesnt matter to HK where you are married, it is that you made HK home etc. As a recent divorcee, wish you the best of luck and hope you both are able to find a swift resolution and always keep the best interests of the kids first and foremost.
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Divorce location is a hot topic, becuse some people are inclined to "venue shop" for a location where they think they can get a bigger share of the marital assets.
The general rule is that you must be a resident or have some strong connection to the country where you seek to divorce. Different countries will have different rules what qualifies you.
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I am currently getting a divorce in HK. I am going through hell. No kids, no house, just her wanting all the money. Now divorced but still going to court fighting over the money. If I were you, get a divorce in China. I don't know, but if s/he is going to fight you all the way, HK is not the ideal place.
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I have friends who say HK is a fair place to file for divorce. I do not think China would be very helpful!
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