According to the Supreme People's Court's "About Application"
1. If one party has lived in his current residence for more than one year, the other party shall file a divorce lawsuit with the people's court of his habitual residence;
Two, if one party is separated from the other party and has lived in its current place of residence for one year, it shall be deemed to have a habitual residence. If the other party files a divorce lawsuit, it shall file a lawsuit in the people's court of the other party's habitual residence.
Extended data:
Divorce Procedures in Different Places (Litigation Divorce):
1. Write a divorce indictment (you can ask a lawyer to help you write it).
2. Prepare the evidence needed for divorce proceedings.
3. Submit divorce indictment and evidence to the court with jurisdiction.
The court decides whether to accept the divorce proceedings.
5. After the court accepts the divorce proceedings, it shall send a copy of the complaint to the other party within the legal time.
6. The court arranges the court session time and sends subpoenas to both parties.
7. Hearing: Both parties may entrust lawyers or other professionals to represent divorce proceedings.
8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support:
(1) If the defendant has left his domicile for more than one year, it shall be under the jurisdiction of the people's court of the plaintiff's domicile; If both parties have left their domicile for more than one year, they shall be under the jurisdiction of the people's court of the defendant's habitual residence at the time of prosecution and the people's court of the plaintiff's residence.
(2) Where the defendant is unaccounted for or declared missing, it shall be under the jurisdiction of the people's court where the plaintiff has his domicile; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
(3) If the defendant is reeducated through labor or imprisoned, it shall be under the jurisdiction of the people's court of the plaintiff's domicile; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
(4) Divorce proceedings brought by non-military personnel against non-civilian military personnel shall be under the jurisdiction of the people's court of the plaintiff's domicile; If both sides are soldiers, they shall be under the jurisdiction of the people's court of the defendant's domicile or the domicile of a unit at or above the regimental level.
(5) If the defendant does not live in People's Republic of China (PRC), it shall be under the jurisdiction of the people's court where the plaintiff has his domicile; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
(6) Both China citizens have settled abroad, and if one party files a divorce lawsuit in a people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant originally lived.
According to the Supreme People's Court's "About Application"
If one spouse has left his domicile for more than one year, the divorce case filed by one spouse shall be under the jurisdiction of the people's court of the defendant's habitual residence; If the plaintiff has a habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff has his domicile at the time of prosecution.
The above-mentioned residence refers to the residence of citizens; A habitual residence refers to a place where a citizen has lived continuously for more than one year from his domicile to the time of prosecution, except where a citizen is hospitalized.
References:
Baidu encyclopedia-divorce procedure