Venue is defendant’s domicile or habitual residence first — not ‘the city where we married’ by default.
A first-instance divorce lawsuit is generally filed in the people’s court at the defendant’s domicile, or at habitual residence if that has lasted the statutory period. Special rules can allow the plaintiff’s court when the defendant is overseas, missing, or in other Civil Procedure Law situations. Foreign-related family cases have additional jurisdiction bases. Civil-affairs registration uses its own window rules, not this lawsuit venue. Forum shopping by booking a hotel in a ‘friendly’ city is not jurisdiction. Intermediate vs basic court is a separate layering question.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
Where is the defendant hukou / domicile?
Starting point.
DomicileWhere have they actually lived?
Habitual residence clock.
HabitIs the defendant abroad or missing?
Plaintiff-court hooks may open.
AbroadIs it foreign-related?
Extra Civil Procedure Law bases.
ForeignWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
Can we agree a court in the prenup?
Party autonomy for divorce venue is limited. Do not treat a contract clause as a US-style forum clause.
Civil affairs vs court?
Registration windows are administrative. This page is lawsuit venue.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.