The difference between the legal system of marriage, the different historical and cultural backgrounds, it is bound to a marriage involving the United States produces an obstacle, practical problems of many legal aspects of the need to seriously grasp.

 One, the legal provisions of the similarities and differences about marriage

(a) the similarities and differences between the conditions of marriage

USA1970The "uniform marriage and divorce law ("Uniform Marriage and Divorce ActThe provisions of marriage), must meet the following conditions: first, must be expressed the true meaning of the parties. If a party because of no intelligence or mentally disabled, or due to alcohol, drugs or other substances to anesthesia without consent, or one of the parties is in force or stress, or be on major issues concerning marriage fraud case, which the marriage invalid. Second, to reach the legal age of marriage. At the age of18Years of age to get married. At the age of16Minors, their parents or guardian or court permission, can also get married. Third, three kinds of banned marriage: the party has not yet divorced the prohibition of marriage; children, sibling or consanguinity between the direct on marriages between female; ③ uncle, uncle, uncle and niece, nephew, or between the aunt, aunt and nephew, nephew is prohibited. In addition, many states America also provides other prohibited marriage condition, mainly including: Gay not married; Tang (table) between brother and sister, Tang (table) and shall not marry; lineal affinity may not marry; suffering from sexually transmitted diseases are not allowed to get married.

China's "marriage law" provisions of the marriage must have three conditions: first, marriage must be the complete willingness of both men and women, no party may use compulsion on the other party or any third party may interfere. This one and USA legal provisions are similar, reflected the legislative spirit of the freedom of marriage. Second, the age of marriage, the man shall not be younger than22Years of age, the woman shall not be younger than20Years of age. Late marriage and late childbirth should be encouraged. This is more than a America legal age for marriage later, with Chinese control of excessive population growth conditions. Third, prohibiting conditions: ① lineal relative by blood and collateral relatives within three generations not married. ② with medical illness that should not be married man should not marry. This is American law broader, more complete, fully consider the legislative principle of prepotency.

(two) the similarities and differences between the marriage procedure

American "uniform marriage and divorce law" provisions, marriage must go through the statutory procedures. The application for the approval of marriage; marriage; marriage preparation and approval of the marriage is valid; the 204 law, unless the court orders from outside the signature is effective, marriage in the state's approval comes into effect on the date of signature is valid for three days180Days, the parties must be in the marriage application day 3 approved after the183Day this time to hold the wedding ceremony, or to apply for marriage registration again; the ceremony; the law of the206The provisions of the ceremony, a variety of ways, but shall not take private ceremony. That is to say, married women and men must be in front of the clergy, the judge or the government officials to the wedding.

China's "marriage law" the eighth regulation, for married women and men must personally go to the marriage registration office to register their marriage. In accordance with the provisions of this law, shall be registered, issued a marriage certificate. To obtain a marriage certificate, husband and wife relationship is established. The relative America law, China's legal marriage procedure is relatively simple, need not ready for marriage and marriage approved the validity period, the ceremony is not the necessary legal procedures.

(three) the invalid marriage and revocable marriage between

American "uniform marriage and divorce law" provisions, the following four situations: first, the non nullity of marriage that the real meaning of marriage; second, a sexual physiological defects in marriage; third, one party or both parties fail to reach the legal age of marriage; fourth, belongs to the legal prohibition of marriage. In addition, America law also stipulates the false marriage as invalid marriage. The false marriage mostly in the field of migration, namely American outside of the citizen through marriage and immigration America and USA. USA law two kinds of revocable marriage: a spirit or body is not perfect marriage; marriage party coerced.

China's "marriage law" provisions, the following four kinds of situations of invalid marriage: bigamy; a prohibition of marriage between relatives; marriage with medical illness that should not be married, has not been cured after marriage; under the legal age. No provisions of the false marriage invalid marriage. A voidable marriage, our "marriage law" provisions, in case of marriage, the coerced party may apply to the marriage registration office or the people's court for cancellation of the marriage. Therefore, China voidable marriage situation limited to stress a, impotence and reject sexual life can not be legal reason of marriage and revocable, only identified as the feeling of husband and wife is broken reference.

Two, the legal provisions of the similarities and differences about the divorce

(a) the similarities and differences between the grounds for divorce.

America "uniform marriage and divorce law" will "marriage without rupture" can save this no fault reason as the sole reason for divorce. But at present most states is the implementation of the fault and without excessive combination of divorce system. USA law three kinds of no fault divorce reasons: first, the separation. Refers to the legal system of marriage and the parties shall dissolve cohabitation obligation but still maintain the marriage relationship. Second, not harmonious. The party impossible to maintain normal life of cohabitation and marriage. Third, the irretrievable breakdown of marriage. Generally refers to the parties to the marriage because of differences can be caused by rupture of negotiation, which could not be recovered to the extent of. The provisions of the four kinds of fault grounds for divorce: adultery; abuse; left; various other grounds for divorce, such as bigamy, inhuman, incest, a guilty verdict, alcohol, drugs, disease and etc..

Thirty-two the provisions of China's "marriage law", one of the following circumstances, the mediation fails, divorce shall be granted: bigamy or a person who has a spouse living together with others; the implementation of domestic violence or abuse, abandonment of family members; gambling, drug abuse incorrigible; because of love and are not full two years; other the situation led to the breakdown of marriage. One party is declared missing, the other party put forward a divorce proceedings, divorce shall be granted. At the same time, also a year of labor servicemen, her pregnancy after divorce, or suspended within six months after the divorce pregnancy made special provisions. These provisions in line with China's national conditions, reflects the legislative spirit of fault grounds for divorce and the no fault divorce reason combined.

(two) the similarities and differences between the divorce procedure.

In America, divorce must through the court, not the registration administrative organ for divorce registration from the marriage, even if both sides agreed to divorce, but also to the court. American courts generally only in the no fault divorce case, before the mediation program, but for custody and visitation issues, generally for mediation. USA legal divorce defense system, the so-called divorce plea, also known as the restriction of divorce or obstructing the divorce reasons, a spouse even if there are grounds for divorce, but he also has certain reasons, the court should for this reason not divorce, also known as the defendant has the right to plea in the divorce proceedings, to stop divorce judgment.

Our country law to dissolve the marriage relationship has two kinds: the Agreement Registration divorce and unilateral action. The divorce agreement for both parties, can go to the marriage registration authority one account all to apply for divorce registration, don't need to be handled by the court. Second kinds of ways, is applied to a party does not agree to divorce and insist of divorce among the parties, by a court in divorce proceedings the way to dissolve the marriage relationship. Compared with the America marriage and family law, China's divorce procedure is simple and has the principle and flexibility, but the regulations are abstract, the judicial interpretation of the Supreme People's court operation rely more on.

(three) the similarities and differences of the consequences of divorce.

USA law general provisions four aspects of the consequences of divorce. First, the identity of the consequences: care including remarried freedom, the change of family name and children. A child custody, "uniform marriage and divorce law" article402Provisions, court should make the custody decision in accordance with the best interests of the child, the factors to be considered are: one or both parents in the care of children in care for desire; on the issue of desire; children with one or both parents, and the relationship between brothers and sisters and other for the best interests of the child are effects of human interaction; the children to adapt to family, school and residence; physical and mental health of all relevant care relationship. Second, the property of the consequences. Mainly on the division of property, alimony payments etc.. Rules on the division of common property, the law, all property after marriage, both sides are obtained for the common property, both to common property are entitled to half interest inseparable. At the same time, USA widespread implementation of pre marital property agreement, almost all of the states are allowed to couples in divorce before the property processing to reach an agreement and signed the relevant agreement, including the common property allocation, debt undertaken, but the divorce agreement is subject to court approval before it can take effect. A party to the other party's support, "uniform marriage and divorce law" provisions, in the divorce proceedings or in the maintenance procedure, if a party as long as found after divorce, property ownership is not enough to sustain the reasonable needs of life, and because of raising children cannot work reasons or even work can not meet the need can be ordered with the ability to pay another party to perform this duty, alimony amount according to the specific factors to consider. Third, the divorce damage compensation. "Uniform marriage and divorce law," without the system of compensation for divorce damage compensation system, some states damage is reflected by the case form. Fourth, child rearing. America law, parents child support agreement at the time of divorce, must comply with the law, not to agree, otherwise the court shall not recognize. How to determine the amount of alimony, "uniform marriage and divorce law" provisions including the factors to consider: Children's economic sources; custodial parent income; dissolution of marriage before the children's living standards; children's physical and emotional condition as well as the cost of education need; not have custody of the father or the mother's economic sources and life need etc..

China's "marriage law" the thirty-sixth regulation, the relationship between parents and children, not elimination, due to the divorce of parents after divorce, whether the children custody of the father or the mother, both parents are still. The specified identity consequences of children after divorce. Although there is no clear legal provisions between the two sides of the identity of the consequences of divorce, but in the judicial practice, divorce from divorce date had remarried free. On the property of the consequences, "marriage law" and related judicial interpretation of the provisions of article thirty-ninth, duration of couples made common property generally one half, this point, and American law basic principle. A party to the other party's economic benefit, the law provides for the two kinds of situations: one is the economic compensation, "marriage law" the fortieth stipulation: the couple agreed in writing during the marriage property to all, a party for raising children, caring for the elderly, assisting the other party in work pay more duty at the time of divorce, have the right to request the compensation to the other party, the other party shall make the compensation; second is the economic help, "marriage law" the forty-second stipulation: at the time of divorce, if one party has difficulties in life, the other party from its housing and other personal property to give appropriate help. Specific measures for the negotiations; if they fail to reach an agreement, the people's court. This provision is to help the economy, but with the "maintenance" concept obviously different. "Marriage law" provisions of article thirty-six, after the divorce of parents to their children still have the right and duty to bring up and educate. According to the relevant laws, civil liability for their children after divorce still have joint and several liability for damages. The Supreme People's Court on the judicial interpretation of the provisions, the amount of child support, can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standards. A fixed income, generally according to the total monthly income20%To30%The proportion of payment. The provisions of the divorce family children especially adult children living provides system guarantee.

Three, a few issues related to the marriage to consider

By comparison, the marriage law between China and the United States the author thinks, although the marriage system have a lot in common, but the difference obviously, and these differences source religious, different from the different cultural traditions, different social background, if the formation of the conflict, are often difficult to tune. Therefore, concluded America related marriage should consider the following.

(a) the psychological expectations and the reality contrast.

As the saying goes, marriage is not a game, foreign marriage should be more careful. Some people especially women on a foreign particularly beautiful marriage quite looking forward to, and American marriage and happiness are equated, and some even when a show of the capital, with obvious utilitarian. In fact, the marriage, the marriage of America related uncertainty is higher, the main reason is that the lack of a common cultural tradition, are both in language, customs, beliefs and other differences, it is difficult to obtain the sense of identity and belonging. If you can't surmount these obstacles, will find that to marry an American is not imagined so beautiful, psychological expectation and reality will have a fall, it is the inevitable result of the exhaustion of body and mind, the original hope of marriage is likely to end in pain.

(two) the nationality and the right of permanent residence.

This paper talked about earlier, USA law false marriage as invalid marriage, and the false marriage is mainly aimed at foreign marriage is concerned, is to limit American outside of the citizens through and America marriage immigrants. The provisions USA immigration bill, USA outside of the citizens if you want to through the marriage immigrants America, must be in the America live quite a long time, General requirements for two years. There are two situations: first, some people to marry an American is only a means, the purpose is to get a visa or a green card, to America education or settled, the result to be with. Second, some people to marry an American immigration USA, itself is not deliberately, but due to all sorts of reasons, the problem of nationality and the right of permanent residence can not solve, lead to long time separation, the marriage based on it. Also, Americans through marriage to China settled there is such a problem.

(three) the marriage procedure.

The laws and regulations of our country, the people's Republic of China citizens and foreigners married to apply the conclusion of the marriage law. Therefore, the first, if possible, as far as possible in the domestic for marriage. Second, if for marriage in USA, should pay attention to several key issues: 1. Both should be familiar with the provisions America "uniform marriage and divorce law" about marriage, and special master marriage state. The application for marriage, according to American legal requirements, to provide complete information, prevent the application. ③ to wedding in the wedding approved the validity period, avoid re apply to bring. To the public to hold a formal wedding, in order to obtain legal recognition and protection. Third, either at home or America for marriage is the best in the procedures, held the property notarization before marriage, signed the marriage property assignment and effective treatment protocol, which is the protection of their rights.

(four) the divorce risk.

Show that the authoritative department statistics, involving the United States marriage divorce risk is higher, which is the previously mentioned psychological expectations elusive problem, also have other serious fault problem, one also has a very important point, is American law on divorce provisions are too simple, which the court is only recognized divorce conditions for marriage has to irreparable. This leads to two problems: one is may divorce; divorce in two. First, the parties settled USA marriage not divorce, because American law, the dissolution of marriage must adopt the way of divorce proceedings, does not recognize the lawsuit of divorce, so must to divorce court. Second, due to the different applicable law and jurisdiction disputes and other factors, some parties may be difficult to divorce. The laws and regulations of our country, the people's Court of Republic of China citizens and foreigners shall apply to cases where divorce law, jurisdiction applicable "the plaintiff to the defendant" principle: "civil lawsuit brought against a citizen, under the jurisdiction of the people's Court of the place where the defendant has his domicile, habitual residence and inconsistent court, people often live by." This suggests that, if America related divorce case once by American court jurisdiction, and the other not matched, is likely to become a marathon of divorce. Third, the property investigation is limited, executive hope is very slim, division of property is difficult to implement, most couples to maintenance obligations. Fourth, child custody and custody issues are difficult to coordinate, especially in divorce after one party returned to settle the case, this issue is particularly. Both children to which side, can appear such result: custodial party economic burden is heavy, and the other side of the visitation right will be. If any of the above-mentioned circumstances, lawyers to provide advice parties seek specialized advisory bodies senior or have this expertise.

(the supremacy of law the parties interests (consulting)QQ: 1137771903 1471379653 997119643)

(source /Reprint: Yantai divorce lawyer Pan Zuocheng 666888915953514639  Http://blog.sina.com.cn/Ytlhls )