Wang and Xu registered their marriage in 2019. Wang's household registration is located in Haidian District, Beijing, and Xu's household registration is located in Shandong Province. After the marriage, the two lived together in Wang's house in Haidian District. During the period of living together, the two often quarreled due to different personalities, which led to the breakdown of the relationship between the husband and wife. Because the negotiation between the two parties failed, Wang sued for a divorce in the court of Xu's domicile.
In this case, the defendant Xu's household registration is located in Shandong Province, but because he lived in Haidian District continuously one year before the lawsuit, according to Article 22 of the Civil Procedure Law, this case shall be under the jurisdiction of the court of the defendant's habitual residence, namely the Haidian District Court.
According to the first paragraph of Article 23 of the Civil Procedure Law, lawsuits concerning identity relations brought against persons who do not live in the territory of the People's Republic of China shall be under the jurisdiction of the people's court at the place of the plaintiff's domicile; The people's court of the place of habitual residence shall have jurisdiction.
Article 15 of the Interpretation of the Civil Procedure Law stipulates: "One Chinese citizen lives abroad and the other resides in China. No matter which party files a divorce lawsuit with the people's court, the people's court in the place where the domestic party is domiciled shall have jurisdiction. If the one living abroad files a lawsuit in his or her domestic court, and the domestic party files a lawsuit to a people's court, the people's court that receives the lawsuit has jurisdiction."
According to the above provisions, in a divorce lawsuit, if one party lives abroad, no matter which party files the lawsuit, the domestic court of the party's domicile has jurisdiction.
In such lawsuits, the plaintiff is generally required to provide basic evidence of one party's residence abroad, including long-term visas issued by the immigration authorities, and residence certificates issued by the immigration authorities of the country of residence.