美国纽约州离婚管辖权相关法律条文的翻译

(以下法律原文和译文仅供参考)


[原文]


New York Divorce Law


Residency requirements


For New York State Supreme Court to have jurisdiction over the parties (see Domestic Relations Law§ 230) one of the following residency conditions must be satisfied:


The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.


The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began.


The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.


The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.


If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.


Residing "continuously" in the state does not mean that the party can not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York.


[译文]


纽约州离婚法


居所的要求


下列关于住所的条件中,当事人必须符合其中的一项,纽约高等法院才对其有管辖权(参见Domestic Relations Law§ 230):


婚礼在纽约举行,并且夫妇中的一方在起诉离婚时在美国居住,并且到起诉时在纽约州连续居住满一年。


双方以夫妻名义在纽约州生活,并且夫妇中的一方在起诉离婚时在美国居住,并且到起诉时在纽约州连续居住满一年。


离婚的依据事实发生在纽约州,而且夫妇中的一方在起诉离婚时在纽约州居住,并且到起诉时在纽约州连续居住满一年。


离婚的依据事实发生在纽约州,而且夫妻双方起诉时在纽约州居住。


如果,当事人在纽约州境外结婚,也没有以夫妻名义共同在纽约州居住,离婚的依据事实发生在纽约州境外,那么双方都必须现在纽约州居住,并且到起诉时在纽约州连续居住满两年。


在纽约州“连续”居住并不是指当事人在居住期间内不能离开纽约州,也不是指当事人在纽约州外没有别的居所。


[原文]


Domestic Relations Law § 230


S 230. Required residence of parties.


An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:


1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or


2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or


3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or


4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or


5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.


[译文]


Domestic Relations Law § 230


§ 230 当事人居所的要求。


只有在下列情况下,当事人可以主张废除婚姻、宣告无效婚姻、离婚或者别居:


1. 双方在该州结婚,并且在起诉时一方在该州居住,并且连续居住满一年,或者


2. 双方以夫妻名义在该州生活,并且夫妇中的一方在起诉离婚时在该州居住,并且到起诉时在该州连续居住满一年,或者


3. 离婚的依据事实发生在该州,而且夫妇中的一方在起诉离婚时在该州居住,并且到起诉时在该州连续居住满一年,或者


4. 离婚的依据事实发生在该州,而且夫妻双方起诉时在该州居住,或者


5. 在起诉时,一方至少在该州连续居住满两年。


内容版权声明:除非注明,否则皆为本站原创文章。

转载注明出处:http://www.beijinglvshi.com/post/45031.html

发表评论

◎欢迎参与讨论,请在这里发表您的看法、交流您的观点。