Can an Unilateral Divorce Application be Filed at the Workplace?
According to Clause 1, Article 28 of the Civil Procedure Code 2015, divorce and disputes over child custody are disputes concerning marriage and family under the jurisdiction of the Court for resolution.
Point a, Clause 1, Article 35 of the Civil Procedure Code 2015 stipulates:
" 1. The district-level People's Court has jurisdiction to resolve according to first-instance procedures the following disputes:
a) Disputes over civil matters, marriage, and family as stipulated in Articles 26 and 28 of this Code, except for disputes stipulated in Clause 7, Article 26 of this Code;..."
Additionally, Point a, Clause 1, Article 39 stipulates that the jurisdiction to resolve civil cases by territory is determined as follows:
- The Court where the defendant resides, works, if the defendant is an individual, or where the defendant has its head office, if the defendant is an agency or organization has jurisdiction to resolve according to first-instance procedures disputes over civil, marriage and family, business, commercial, and labor matters as stipulated in Articles 26, 28, 30, and 32 of this Code.
According to the above provisions, in the case of unilateral divorce, you can file the petition at the district-level People's Court where the defendant resides or works.
Therefore, you can file the unilateral divorce petition at Dong Da District People's Court where your husband works.
However, when filing the petition at the Court where your husband works, you need to additionally obtain verification from the agency where your husband is currently employed.
Respectfully!