- 當(dāng)前常識(shí)信息
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(以下法律原文和譯文僅供參考)
[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.
[譯文]
紐約州離婚法
居所的要求
下列關(guān)于住所的條件中,當(dāng)事人必須符合其中的一項(xiàng),紐約高等法院才對(duì)其有管轄權(quán)(參見Domestic Relations Law§ 230):
婚禮在紐約舉行,并且夫婦中的一方在起訴離婚時(shí)在美國(guó)居住,并且到起訴時(shí)在紐約州連續(xù)居住滿一年。
雙方以夫妻名義在紐約州生活,并且夫婦中的一方在起訴離婚時(shí)在美國(guó)居住,并且到起訴時(shí)在紐約州連續(xù)居住滿一年。
離婚的依據(jù)事實(shí)發(fā)生在紐約州,而且夫婦中的一方在起訴離婚時(shí)在紐約州居住,并且到起訴時(shí)在紐約州連續(xù)居住滿一年。
離婚的依據(jù)事實(shí)發(fā)生在紐約州,而且夫妻雙方起訴時(shí)在紐約州居住。
如果,當(dāng)事人在紐約州境外結(jié)婚,也沒有以夫妻名義共同在紐約州居住,離婚的依據(jù)事實(shí)發(fā)生在紐約州境外,那么雙方都必須現(xiàn)在紐約州居住,并且到起訴時(shí)在紐約州連續(xù)居住滿兩年。
在紐約州“連續(xù)”居住并不是指當(dāng)事人在居住期間內(nèi)不能離開紐約州,也不是指當(dāng)事人在紐約州外沒有別的居所。
[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.
[譯文]
Domestic Relations Law § 230
§ 230 當(dāng)事人居所的要求。
只有在下列情況下,當(dāng)事人可以主張廢除婚姻、宣告無(wú)效婚姻、離婚或者別居:
1. 雙方在該州結(jié)婚,并且在起訴時(shí)一方在該州居住,并且連續(xù)居住滿一年,或者
2. 雙方以夫妻名義在該州生活,并且夫婦中的一方在起訴離婚時(shí)在該州居住,并且到起訴時(shí)在該州連續(xù)居住滿一年,或者
3. 離婚的依據(jù)事實(shí)發(fā)生在該州,而且夫婦中的一方在起訴離婚時(shí)在該州居住,并且到起訴時(shí)在該州連續(xù)居住滿一年,或者
4. 離婚的依據(jù)事實(shí)發(fā)生在該州,而且夫妻雙方起訴時(shí)在該州居住,或者
5. 在起訴時(shí),一方至少在該州連續(xù)居住滿兩年。

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已有1人評(píng)價(jià)
瀏覽:3770次下載:6次
發(fā)布時(shí)間:2010-08-24