Legal Question in Family Law in California
Contested divorce
I'm writing this question for my friend. She was married in West Virginia but now lives in California. She wants a divorce but the man refuses to give one. She wants one because this man abused her physically and mentally, he has a criminal record, and he has a mental illness(bipolar?), which she was not aware before the marriage. She is also afraid to go back to West Virginia for fear that someone might try to kill her, again. What options does she have on getting a divorce in California?
4 Answers from Attorneys
Re: Contested divorce
So lomg as she lives in California she can file for a divorce if she meets the residency requirements. That is 6 months in the state of California and 90 days in the county in which the petition for dissolution is filed.
In the alternative she can file for a legal separation as soon as she moves into the state. The petition for legal separation can be amended to a petition for dissolution. This must be done before there is a final court order for the legal separation.
She should file an Order to Show Cause and a temporary restraiming order to keep her husband away from her.
If he comes to her home or otherwise bothers she can call the police and request a restraining order. The police can call a judge and explain the danger posed by the husband. The judge will then determine whether or not to issue a temporary restraining order, good for a few days to allow her time to obtain a restraining order from the court.
Re: Contested divorce
When she has met the residency requirement she can file for the dissolution in California. Essentially, the dissolution is granted based upon the request and testimony of one party. I have never seen a dissolution successfully contested. She does not need his consent. Good Luck, Pat McCrary
Re: Contested divorce
The other responses are correct but your friend would only be able to establish jurisdiction over the marriage. In other words, she could get the marriage dissolved, but probably nothing else, since CA does not have personal jurisdiction over him (unless he has sufficient contact with CA).
Reply: Contested divorce
To file for Dissolution of Marriage in California, your friend has to be a continual resident of the State for 6 months and the County she files in for 3 months. To file for legal separation, she need only be in the State of California for 1 day. A Petition for legal separation can be amended to be a Petition for Dissolution after the 6 and 3 months continual residency requirement has been met.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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