1. Both spouses are of foreign nationality
In case both spouses are of foreign nationality, including one or both of them were of Chinese nationality at the time of marriage, and both spouses have obtained foreign status at the time of divorce (including naturalization of foreign nationality and acquisition of foreign permanent residence). They cannot apply to the civil affairs bureaus for divorce registration, what they can do is to file divorce lawsuit with a competent court in China and get divorced through litigation procedure.
According to Chin Civil Procedure Law and relevant judicial interpretations, if both spouses are foreigners (including foreign Chinese),one spouse files divorce lawsuit in China, and the court has recognized that the domicile or habitual residence of one party is in China, the court shall have jurisdiction. However, from the perspective of the current judicial practice of China, most Chinese courts generally refuse to accept divorce cases in which both spouses are of foreign nationality, the place of marriage between the two parties is overseas and the defendant does not live in China. Only when both spouses reach a consensus on the divorce and there is evidence that one of the spouses usually resides in China, the Chinese court will accept the divorce case and render a mediation order after examination.
It should be noted that the Chinese courts hearing divorce cases in which both spouses are of foreign nationality always follow China procedure law, and the law of the venue of the court, that is, Chinese law, is applied.

2. One spouse is of Chinese nationality
If one of the spouses is of Chinese nationality and the other is of foreign nationality, divorce dispute can be resolved through divorce registration and divorce proceedings. Only couples who have registered the marriage in Chinese local civil affairs bureau can apply for divorce registration. Otherwise, the divorce can only be filed to a competent court through litigation procedures. According to the Chinese Civil Procedure Law, civil actions brought against citizens are under the jurisdiction of the court in the place of the defendant's domicile; if the defendant's domicile is inconsistent with the place of habitual residence, it shall be under the jurisdiction of the court in the place of the defendant's habitual residence. Lawsuits concerning identity relationships brought against persons who do not live in China shall be under the jurisdiction of the court where the plaintiff’s domicile is located; if the plaintiff’s domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the plaintiff’s habitual residence court. In other words, no matter which party initiates a divorce lawsuit to the court, the court in the domicile of one party in China has the jurisdiction.