回复:有没有在中国离婚已法庭交涉,美国法庭就不应该接受离婚起诉的法律条文, 多谢。

来源: 2013-09-09 21:38:11 [博客] [旧帖] [给我悄悄话] 本文已被阅读:
Depends on your state. In California, there is something called first in time jurisdiction. Since the case was filed in China two years ago and your spouse was served there, the Chinese court obtained jurisdiction over the divorce case first, which renders a California court powerless, i.e., without jurisdiction. Marriage of Hanley (1988) 199 CA3d 1109, 1115-1116. It is mandatory that your spouse withdraws the action in California. Mungia v. Super. Ct (1964) 225 CA2nd 280, 283.