CHINA: 5 Ways Divorce in China is not the Same as Divorce in the West

Divorce in China is different from Divorce in America and other western countries in the following 5 ways:

  1. You can get divorced in one day in China. This is not true in the US or in most Western countries.
  2. You need to be fingerprinted to get married and divorced in China This is a new law that came into effect in 2016 but it is a very different type of requirement that is unique to China as the Western countries do not require fingerprinting in order to get married or divorced
  3. The Chinese have fewer custody battles after a divorce. The mother is the presumptive custodial parent and usually there is only one child due to the societal norms and the Chinese law of only one child per family. However like most countries in the west, the courts are concerned with the “best interest of the child.”
  4. Women are less likely to be seeking spousal support in China than the West since women and men tend to be on par  economically in China as compared to the situation in the  West, where, on average, a woman is more likely to seek spousal support.
  5. The high rate of migration in China is another factor that impacts divorce. Migration leads to divorce or certainly it increases the risk of divorce. This is not a huge issue in divorce in the US and in the West, however. There are many divorce risks but a high rate of migration is not one of them.

For expats seeking to divorce in China, they should definitely be aware of these norms ahead of time.