Where to File for Divorce When Husband Is Incarcerated?

Pursuant to Point a, Clause 1, Article 39 of the 2015 Civil Procedure Code, it is stipulated:

Regarding the jurisdiction to resolve civil cases by the Court according to territory, it is determined as follows:

- The Court where the defendant resides or works if the defendant is an individual, or where the defendant has its headquarters if the defendant is an agency or organization, has the authority to resolve according to first-instance procedures disputes concerning civil matters, marriage and family, business, commerce, and labor as specified in Articles 26, 28, 30, and 32 of this Code.

According to this regulation, if you want to file a unilateral divorce with your husband who is currently in prison, you should submit the petition to the District People's Court where your husband resided before serving the prison sentence.

After receiving the valid divorce file, the Court will contact the prison where your husband is serving the prison sentence to obtain his opinion.

Respectfully!