回複:有沒有在中國離婚已法庭交涉,美國法庭就不應該接受離婚起訴的法律條文, 多謝。

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.

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