Today, an American lawyer consulted with us regarding her client Jessica and her Chinese husband, who have been going through a divorce litigation in the United States for two years, but the judgment has yet to be rendered.

The American lawyer told us her client have $200 million assets in the US that need to be divided, and 200 million RMB in assets in China that also need to be divided.
Currently, Jessica’s husband has initiated litigation in China, and therefore Jessica wishes to engage us to withdraw the lawsuit in China.

The American lawyer asked us the following questions:

1.Does China have jurisdiction? Can we withdraw the lawsuit filed by Jessica’s husband in China?

Our reply: In the case where both spouses are Chinese, China has jurisdiction over their divorce case unless they have been living abroad for a long time. If the Chinese court has jurisdiction, we cannot apply to withdraw the husband’s case.
 
2.How will the property in China be divided between the parties?
Our reply: As Jessica and her husband have joint property in China, if they cannot reach an agreement on the division of their property in China, the only option is to go through the Chinese court. Only the Chinese court can issue a judgment to divide, auction, or seize the property of both parties in China.
 
3.Is it possible to obtain recognition from China after obtaining a judgment in the United States?

Yes, it is possible. However, this approach may prolong the handling time of the case. It takes a long time to apply for recognition and enforcement of foreign judgments in China, sometimes up to five years, and there are many factors that can affect the outcome of the case, such as whether there is a bilateral agreement between the two countries, whether the content of the foreign judgment violates Chinese laws and regulations or international laws, etc. If any of these conditions are not met, the Chinese court will not recognize the foreign judgment. Additionally, even if the Chinese court recognizes the US judgment, there may still be difficulties in enforcement due to specific enforcement procedures and legal regulations. Therefore, if you wish to resolve the case more quickly and effectively, you can choose to file a lawsuit in China and comply with Chinese legal procedures.

Contact Lawyer Abby, to swiftly resolve your issues in China.