回複：女方在中國，男方在美國，女方可以委托家人在美國請律師辦理婚嗎?

來源: 單身老貓 於 2007-10-16 11:37:30 [] [舊帖] [給我悄悄話] 閱讀數 : (4224 bytes)

因為不知道女方的先生在那一州,所以老貓無法告知您詳細的規定.然而如果老貓沒有記錯,在美國如果要提出離婚,您必須是該州的居民,在這個案件中,如果當事人沒有滿足該州的居住規定,您不能在美國法院提出離婚的訴訟,(一個例外是當事人如果是軍人則有另外的規定) 所以樓上另外一位朋友的回答有誤.
至於您本人因為不是這個婚姻中的當事人所以您不能代理您的姐姐來提出離婚的訴求,現在能做的是看看男方是否願意提出離婚的訴求,然後在美國請律師代表您的姐姐出庭處理.

老貓在這裡提供一個維吉尼亞州相關的規定供您參考.

What are the requirements for residence?
There are really two parts to this problem which could be defined as follows:

A. the plaintiff seeks no relief or remedy from the court other than simply to sever the bonds of matrimony. The plaintiff must have had six months of uninterrupted bone fide residence in Virginia immediately prior to the filing of the suit. The "subpart" of "A" is : What if the plaintiff is a member of the armed services who has been stationed in Virginia but is not otherwise a resident. The answer is that this plaintiff could rely upon sub part (1) of the following Code Section:

§ 20-97. Domicile and residential requirements for such suits. -- No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.

For the purposes of this section only:

1. If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.

B. Now we come to the second category: where the plaintiff seeks relief or remedy that goes beyond simply "severing the bond" and wants support, custody, property division, etc., etc. In that case the plaintiff would be compelled to rely upon the Virginia so called "Long Arm" statute. Notice that in this part, ("B") the Virginia court's jurisdiction is based on the status of the defendant so, generally, the plaintiff would not have to show a Virginia "domicile" for the plaintiff. (is this confusing? You bet it is!) In sub Section "9" below "matrimonial domicile" is generally the place of last actual marital cohabitation

§ 8.01-328.1. When personal jurisdiction over person may be exercised. --

A. A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising from the person's: (partial extract)

8. Having (i) executed an agreement in this Commonwealth which obligates the person to pay spousal support or child support to a domiciliary of this Commonwealth, or to a person who has satisfied the residency requirements in suits for annulments or divorce for members of the armed forces pursuant to § 20-97 provided proof of service of process on a nonresident party is made by a law-enforcement officer or other person authorized to serve process in the jurisdiction where the nonresident party is located, (ii) been ordered to pay spousal support or child support pursuant to an order entered by any court of competent jurisdiction in this Commonwealth having in personam jurisdiction over such person, or (iii) shown by personal conduct in this Commonwealth, as alleged by affidavit, that the person conceived or fathered a child in this Commonwealth; or

9. Having maintained within this Commonwealth a matrimonial domicile at the time of separation of the parties upon which grounds for divorce or separate maintenance is based, or at the time a cause of action arose for divorce or separate maintenance or at the time of commencement of such suit, if the other party to the matrimonial relationship resides herein.

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