In China, a divorce can be obtained either by mutual agreement or by litigation. In the United States, a divorce must be granted by a U.S. court, which will issue a judgment of divorce and a certificate of divorce to the parties. The U.S. divorce decree is not ipso facto legally valid in China, and can only be valid in China if it is recognized by the Chinese courts. If you do not apply for recognition of the U.S. divorce decree in a timely manner, a variety of problems may arise: personal property is divided as the joint property of husband and wife, personal liabilities are recognized as joint debts of husband and wife, and remarriage may even constitute the crime of bigamy. ...... Compared to suing for divorce again, applying for recognition of the U.S. divorce decree by the court in China has the following advantages Compared to suing for divorce again, applying for recognition of a U.S. divorce decree in Chinese courts is characterized by a shorter litigation period, fewer supporting documents required, and a higher probability of a ruling.

Recently, Beijing King&Capital Law Firm, Cai Kangmiao, Jiang Ning lawyers successfully represented two applications for recognition of the U.S. divorce decree, to help the parties to confirm the status of the divorce in a timely manner, to prevent the subsequent risk of disputes.

In the past cases on behalf of the litigation process of such cases have been stated, the agency encountered new problems, such as: the effective time of foreign divorce judgment will generally be set out in the judgment, but some countries or regions of the divorce judgment does not directly set out the effective time. In the two cases represented by the attorneys in the application for recognition of U.S. divorce judgments, the U.S. divorce judgment did not specify the effective date or time of entry into force.

In the case of the lawyer's application for recognition of the legal effect of the divorce judgment of the Supreme Court of the State of New York on the dissolution of the marriage between Wang Mou and L, the divorce judgment of the Marriage Court of the Supreme Court of the State of New York of the United States of America did not specify the effective time, but required the plaintiff to send the defendant with a copy of this judgment, with notice of the entry into force (Defendant shall be served with a copy of this judgment, with notice of the entry into force of the judgment). a copy of this judgment, with notice of entry, by the plaintiff, within 20 days of such entry.) Client Wang did not pay attention to whether to receive the Notice of Entry, under the guidance of the lawyer, the client finally found this notice, and the Notice of Entry did not indicate the effective time, but only wrote the Notice of Entry sent by mail into the system, the judge asked the Notice of Entry did not have the effective time, how to prove that this is the effective divorce judgment? Under the lawyer's argumentation by telling the background of the case and citing foreign legal provisions, the Beijing No. 4 Intermediate People's Court recognized the time of arrival of the effective notice of the divorce judgment, i.e., November 24, 2019, as the effective time of the divorce judgment, so that the party concerned successfully got the court's recognition of the dissolution of the marriage between the two parties.

In another case of representation in a petition for recognition of a civil judgment of divorce in the Court of Common Pleas of Ohio County, Lorain County, United States of America. Plaintiff Z's Complaint for Divorce with Children filed in the United States Court on August 10, 2015, the case was finally heard by a judge on November 23, 2015, and the divorce was granted and both Plaintiff Z and Defendant T shall be dissolved of their marital obligations. The divorce decree also did not indicate that it was entered or when it became effective. Later, when collecting evidence, the lawyer found that the divorce judgment was published in the Court Journal on November 23, 2015, which had the effect of publicity and could prove that the divorce judgment was true and had taken effect. In the end, Beijing No. 4 Intermediate People's Court found that the divorce judgment was effective on November 23, 2015.

In the above two cases, through the reenactment of the divorce in that year with the clients, searching the U.S. family law regulations, and collection of evidence in the cases, Cai Kangmiao and Jiang Ning successfully persuaded the judges to adopt our viewpoints, which saved the clients a lot of time and expenses, and enabled the courts to recognize the U.S. divorce judgments in a timely manner to protect the rights and interests of the clients.

In summary, although the application for recognition of the U.S. divorce judgment to the court in China has a short litigation cycle, requires less supporting materials, the ruling of the high probability of support, but a variety of divorce judgments around the world, the application for recognition of the complexity of the procedure, and only one application opportunity, therefore, the application for recognition of the U.S. divorce judgment to the court in China should be familiar with the procedural requirements of the process in advance, and be well-prepared in order to obtain the smooth recognition of the court in China. Recognition.