Can a Woman Divorce Her Husband in China?

Yes, a woman absolutely can divorce her husband in China.

In China, both men and women have the right to apply for a divorce if they believe their marriage is no longer viable. The legal framework allows individuals to initiate divorce proceedings based on specific grounds.

According to legal principles in China regarding marriage dissolution:

• Right to Apply: Either spouse can initiate the divorce process.
• Grounds for Divorce: A primary ground for divorce is when the marriage is deemed to have irretrievably broken-down.

The provided reference explicitly supports this: "In China, even if you married yesterday, you are entitled to apply for divorce today if you believe your marriage has irretrievably broken-down." This highlights the individual's right to seek divorce based on the state of the marriage, regardless of how long they have been married.

How Divorce Can Be Pursued

There are generally two main methods for obtaining a divorce in China:

1. Divorce by Agreement: This is the simplest and most common method.

   • Both spouses agree to the divorce.
   • They reach an agreement on all relevant matters, including child custody, property division, and financial support.
   • They register their agreement with the Marriage Registration Authority.

2. Divorce by Litigation: If the spouses cannot agree, either party can file a lawsuit with the People's Court.

   • The court will mediate the dispute.
   • If mediation fails and the court finds that the marriage has indeed irretrievably broken-down, it will grant the divorce.
   • The court will also make rulings on child custody, property division, and other related issues.

The reference's emphasis on being "entitled to apply for divorce" based on the marriage having "irretrievably broken-down" is central to the litigation process, although the possibility of agreement is also a recognized legal pathway.

Key Takeaway

A woman in China has the legal right to initiate divorce proceedings against her husband, particularly if she can demonstrate that the marriage has irretrievably broken down.