"What am I married?

A veritable marriage is bound by shackles because of a marriage certificate. Recently, Wang Wen (pseudonym), a Jiangsu woman who was pushed off a cliff by her husband in Thailand, publicly expressed her predicament. It's been more than three years, but Wang Wenwen, who wants to start a new life, can't start a new relationship because he doesn't have a divorce certificate. It is understood that Wang Wenwen and her husband have obtained the certificate in China. At present, because the criminal case in Thailand is not over, they can't divorce.

Wang Nuannuan's hospitalization data map

Wang Wenwen said that she and her husband got their certificates in China. Is this really the case in law? What advice do you have for the client from the lawyer's point of view?

Fu Jian, director of Henan Jinze Law Firm, analyzed that at present, because the criminal case in Thailand has not yet ended and the husband of the party concerned is in custody, it is not feasible for both parties to go to the civil affairs department in person to negotiate divorce, but the parties can dissolve the marriage relationship through litigation divorce.

"The law does not say that the criminal case is not over and divorce cannot be prosecuted. The parties may go to a court with jurisdiction to divorce through litigation. " Fu Jian said that because the husband of the party was detained abroad, according to the relevant laws and regulations, "If one of the husband and wife is in China and the other is abroad, if the domestic party files a divorce lawsuit, it shall file a lawsuit in the court where the household registration is located; If the domicile is inconsistent with the habitual residence, a lawsuit shall be brought in the court of habitual residence, and the parties may bring a divorce lawsuit in the domicile or habitual residence.

Fu Jian also said that according to the law, the court should send subpoenas and indictments to foreign defendants. If the summons and indictment cannot be delivered by mail, the court can announce them within six months. If the criminal case is concluded and the defendant is serving his sentence, the court needs to go to the prison where the defendant served his sentence to hear the divorce case. If a criminal case has not been tried and the defendant is in custody, the defendant may entrust an agent to respond to the lawsuit. If the defendant does not respond at all and meets certain conditions, the court may also make a judgment by default.

Elephant News previously reported that from 2065438 to June 2009, Wang Wenwen and her husband Yu Modong were pushed off a cliff while traveling in Thailand, and suffered multiple fractures all over their bodies. Yu Modong was sentenced to life imprisonment in the first instance and fixed-term imprisonment in the second instance 10 years.