Legal Question in Family Law in California

california/indiana, who has precedence?
My boyfriend has filed for divorce from his wife two months ago in california, she did not respond so he has filed default papers, yesterday he recieved divorce papers from his wife that she filed in her state, indiana. They are both originally from indiana, he's in the military and stationed in california. She had admitted to recieving his divorce papers and ''claimed'' that she took them to a lawyer to look over. Our question, which state has precedence. Should he have precedence since he filed first? She's asking for full legal and physical custody, and he wants to be able to see his daughter, she claims that he doesn't pay child support when he's been sending her $400/month since theyv'e been seperated, 1.5 years ago. What are his options? He has continued the default process, but is expected in court in indiana in a week to respond to her divorce papers. He's written a letter to the indiana court explaining the situation but he's still worried, what can he do?

Asked on 6/03/05, 1:58 pm

Brian Levy, Esq. Law Office of Brian Don Levy

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Reply: california/indiana, who has precedence?

Your boyfriend needs to consult with an attorney in Indiana.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Answered on 6/03/05, 2:04 pm

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