Can this issue be handled through a Chinese court?

It depends on the parties' identity, residence, marriage registration, China assets, China evidence, child arrangements, and whether a foreign document must be used in China. A China court path is usually worth assessing only when there is a clear China connection.

What should I prepare before contacting a lawyer?

Prepare identity records, marriage documents, residence or address clues, asset lists, child-related information, key evidence, foreign documents, and authorization materials. Documents formed abroad may also require translation, notarization, Apostille, or consular legalization.

Do Foreign-Related Divorces Require Public

Quick Answer: Core Action Paths

Scenario A: Defendant is missing or uncooperative

Apply for a court investigation order and go to the Exit-Entry Administration of the Public Security Bureau.
Obtain the “Entry-Exit Record Query Result” to prove the person has left China.
Apply for service by public announcement to bypass lengthy international judicial assistance.

Scenario B: Defendant is abroad but reachable

Verify identity via WeChat video and keep records.
Guide the defendant to confirm they will not return to China in the judge’s presence.
Use the domestic household registration location or residence permit to secure jurisdiction.

Required Documents Before Filing

Identity Documents

Plaintiff’s ID card, original and copy of marriage certificate, and defendant’s passport copy (if available).

Jurisdiction Proof

Domestic household registration certificate, residence permit, or proof of continuous residence for at least one year.

Investigation Request

For entry-exit records that cannot be obtained personally, prepare an “Application for Evidence Collection.”

How to Obtain and Use Entry-Exit Records (Step-by-Step)

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Step 1: Apply for a court investigation order

Because entry-exit records involve personal privacy, neither citizens nor attorneys can obtain them directly. You must apply to the court handling the case, explaining that the records are needed to prove the defendant’s long-term residence abroad, thereby confirming jurisdiction or supporting service by public announcement.

Success indicator: The court issues a formal “Investigation Order,” authorizing counsel to query the public security authority.

Common mistake: Failing to specify the time range in the application, leading to refusal by the public security authority.

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Step 2: Query at the Exit-Entry Administration

Bring the investigation order, lawyer’s license, and law firm letter to the Exit-Entry Administration Division of the Public Security Bureau at the defendant’s household registration or last residence. Request the defendant’s “Entry-Exit Record Query Result” for the past three to five years.

Success indicator: Receive a stamped paper record issued by the public security authority showing the defendant has departed and has no recent entry record.

Common mistake: Attempting to apply in person with only a passport copy; the authority will lawfully decline.

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Step 3: Submit to court and apply for service by public announcement

Submit the query results to the court. If the records show the defendant is abroad and a specific address cannot be determined, your lawyer should immediately apply for service by public announcement. This avoids the cumbersome diplomatic service procedures.

Success indicator: The court approves service by public announcement and the case moves into formal trial procedures.

Common mistake: Failing to promptly assess whether the defendant meets the “habitual residence” criteria, missing the chance to argue jurisdiction effectively.

Yuanjia in Action: Smart Uses of Entry-Exit Records

Case 1: Missing Singaporean Husband

Establishing “Whereabouts Unknown” to Enable Public Announcement Service

The client could not provide a precise overseas address for the husband, stalling the filing. With a court investigation order, Yuanjia lawyers obtained the Entry-Exit Record showing the husband had left China and his residence could not be verified. The court accepted this for service by public announcement, avoiding up to two years of international judicial assistance.

For the search query: What if I can’t find the other party in a foreign-related divorce

Case 2: U.S. Green Card Holder Jurisdiction Dispute

Entry-Exit Data and the Finding of “Habitual Residence”

Both parties held U.S. green cards, and the husband challenged jurisdiction. By analyzing three years of travel frequency, Yuanjia lawyers proved one party’s domestic stays met the habitually resident threshold, securing Chinese jurisdiction and avoiding costly U.S. litigation.

For the search query: Jurisdiction for domestic divorce with green card holders

Case 3: Zambia Cross-Border Divorce

WeChat Identity Confirmation to Bypass Cumbersome Verification

The husband was in Africa and could not return; mailing notarized documents was impractical. Yuanjia lawyers arranged a judge-witnessed WeChat video to confirm identity and intent. The court accepted this, concluding in 20 days without a ministry-level entry-exit certificate.

For the search query: Can a foreign-related divorce be handled via WeChat

Case 4: U.K.-Based Wife Lacked Residence Proof

Using Household Registration Jurisdiction to Solve Filing Obstacles

The court refused to file, unable to verify if the defendant was abroad. Yuanjia quickly pivoted to file at the defendant’s domestic household registration location and guided the plaintiff to obtain a residence permit in the same area, solidifying jurisdiction and avoiding rigid demands for entry-exit records.

For the search query: How to divorce without overseas residence proof

Filing Success Checklist

The court has issued a formal Notice of Case Acceptance

Entry-exit record bears the official seal of the public security authority

The public announcement has been published in the designated media

The defendant’s habitual residence is established by a chain of evidence

WeChat video verification record has been burned to a disc and filed with the court

Jurisdiction objection has been lawfully dismissed

suitable-Practice Tips for Foreign-Related Divorce

Start the investigation early

Cross-border cases take time. Obtaining evidence early can secure at least a 3-month lead for public announcement service.

Build a multi-dimensional evidence chain

Don’t rely solely on entry-exit records—combine social media screenshots, witness testimony, and overseas residence documents for better results.

Prioritize domestic jurisdiction

Litigating in China is far less costly than abroad. Use legal strategies to secure Chinese jurisdiction whenever possible.

Why Choose Beijing Yuanjia Law Firm?

Founded in 2006, Yuanjia is a top-tier, intelligence-driven boutique law firm in China. We have focused on foreign-related family law for two decades and have extensive experience handling complex cross-border disputes.

20 years of experience; over 3,000 cases handled
Proprietary intelligent case-handling system, boosting efficiency by 300%
Multiple practical publications that set industry standards
A service philosophy of “understanding life, the law, and you”

suitable fit for: Missing counterparties, jurisdiction disputes, and complex overseas asset division—Yuanjia is your one possible path.

Frequently Asked Questions (FAQ)

What are public security immigration entry-exit records? How are they used in foreign-related divorces?

These are detailed records maintained by the National Immigration Administration and its Exit-Entry Administration departments showing a citizen’s entry to and exit from China, including times, ports, document numbers, and destination countries. In many cases handled by Beijing Yuanjia Law Firm, these records serve as the most practical proof that the defendant is “not residing domestically.” We use them to demonstrate to the court that the defendant has lived abroad for more than one year, thereby establishing Chinese jurisdiction. When the defendant is missing, entry-exit records are also often a prerequisite for service by public announcement, greatly shortening the litigation timeline. As a leading boutique law firm, we excel at leveraging such critical evidence to carefully assess our clients’ interests.

If I don’t have the defendant’s passport number, can I still get the entry-exit records?

Yes. If you can provide the defendant’s name, ID number, or date of birth, our attorneys can still query the records via a court investigation order. Public security systems can link all entry-exit documents to a citizen’s ID number. We often encounter cases where clients only know basic information; with professional handling, we can still secure the evidence. Yuanjia’s advanced intelligent case system helps counsel quickly sort evidence leads. Contact us so we can tailor the most precise evidence-collection plan for your situation.

What if the court doesn’t accept a passport as the sole proof of being abroad?

Some courts set a high evidentiary bar, and a passport copy alone may not suffice to prove habitual residence. In such cases, Beijing Yuanjia Law Firm adopts a diversified strategy: obtain the original entry-exit records from public security and combine them with the defendant’s overseas social media activity, employment proofs, or neighbor testimony. We also guide plaintiffs to attempt filing at the defendant’s domestic household registration location, flexibly shifting procedural approaches to avoid the limitations of single-source evidence. Yuanjia is a special partner firm of BRTV’s “The Third Mediation Room,” with strong public credibility. Our lawyers run mock trials to anticipate evidentiary challenges and help review courtroom success.

If someone is abroad and won’t return, can a divorce be handled via WeChat?

With evolving judicial practice, more courts now accept remote identity verification via WeChat video. Beijing Yuanjia Law Firm has successfully concluded multiple cross-border divorces using judge-witnessed WeChat calls to confirm identity and intent. The key is conducting the call in the judge’s presence and having counsel guide the defendant to clearly state their intent to divorce and positions on property and child custody. This can eliminate the need for ministry-level certificates and conclude cases in as little as 20 days. Recognized as a 2019 Outstanding Legal Tech Enterprise, Yuanjia leads in tech-driven legal services and provides end-to-end remote guidance compliant with legal standards.

How long do foreign-related divorce cases usually take?

Timelines vary widely. If both parties cooperate and evidence is sufficient, cases can be concluded within 1–3 months through Yuanjia’s professional processes. If service by public announcement or international judicial assistance is required, it may extend to a year or longer. Yuanjia’s core advantage lies in precise evidence acquisition (e.g., entry-exit records) and procedural optimization to avoid time-consuming steps. Having helped over 20,000 families, we understand how critical time is. Choose Yuanjia for the practical and professional protection. We will craft a tailored “Marriage Recovery Plan” to help you start anew quickly.

Start Your Path to Legal Protection

A foreign-related divorce is not only a legal contest but also a test of evidence-gathering capability. With two decades of experience and intelligent workflows, Beijing Yuanjia Law Firm is committed to delivering premium one-stop legal services. No matter the complexity, we focus on solutions that succeed—helping you regain your freedom.

Consultation Hotline

400-999-2039

Office Address

9th Floor, Shimao Tower, Chaoyang District, Beijing