Legal Question in Family Law in California

Changing state of decree

I am military stationed overseas in the UK. I was divorcedd back in 1995 in the state of NV. My exwife is now saying she wants to take me back to court in the state of CA, where she has lived for 7 years. Is she able to switch the state of of divorcee decree from NV to CA? Thank you for your help.


Asked on 1/26/03, 5:36 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Changing state of decree

She cannot modify child or spousal support unless for some reason the State of California has jurisdiction over you. She would have to return to the State of Nevada or your home state to modify financial issues. She can modify the child custody order. If she files a motion, seek the counsel of a California attorney who if familiar with multi-state cases.

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Answered on 1/27/03, 9:34 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Changing state of decree

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

No, she can't change the state of the divorce decree. But if she wants to modify child custody, child support, and/or spousal support (and perhaps some aspects of property division), she can do it in the state where she and any minor children now reside. Contact an experienced Family Law attorney in the California county where she resides for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 1/26/03, 6:53 am


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