What happens if my spouse cannot be located abroad?
Reviewed by: Beijing Yuanjia Law Firm — Yuanjia International Family Law Team · Updated: 2026-09-24
This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.
Quick answer
Direct answer
The case can still proceed. Where none of the statutory service routes can be used, the court serves by public notice, and since the 2023 amendment public-notice service on a party without domicile in China is deemed effective 60 days after the notice is issued — shortened from the previous three months.
In more detail
Before public notice is used, service through treaty channels, diplomatic channels, China's consulates on Chinese nationals, a litigation agent, a wholly owned enterprise or representative office in China, electronic means where permitted, or any method the recipient consents to would have to be considered. Practical preparation matters: known addresses, employers, property holdings and communication records all support the attempt to serve properly, and evidence of the attempt is what allows the case to move on.
Where this connects
Most cross-border family matters involve the same three questions: does China have a path, what documents
must be authenticated for China, and what can actually be enforced in China. A short initial review usually
establishes all three before any cost is committed.
Frequently asked questions
Can I get an initial view without travelling?
Yes. The initial review is conducted by video, and documents can be sent as scans before authentication is arranged.
What does the initial review cover?
Whether a China court path exists, which documents must be authenticated, and the realistic enforceability position — before any formal engagement.
Do you accept a matter with no China connection?
No. We only act where the matter has a China connection: a party in China or holding Chinese nationality, domicile, habitual residence or identity documents, or property, a company interest, evidence, a document or an enforcement step located in or directed at China. Where everything — the parties, the assets and the documents — sits outside China and no Chinese court or authority needs to act, a lawyer in that jurisdiction is better placed to help and we would not be the right firm.
Need this connected to a China court path?
Free initial review of jurisdiction, documents and enforceability — before any cost is committed.
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This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.