Legal Question in Family Law in California
dismissal
I started a disolution for marriage in washington, and she filed for legal separation in Ca. In order to keep the case going here in WA I need a dismissal from her case. Does she have to do this or can I.
2 Answers from Attorneys
Re: dismissal
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
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 --
Usually, if you meet WA residence requirements, the divorce would "trump" the legal separation. But it sounds like you need a lawyer in CA to get her divorce action quashed. If you file a Response in the California case you may be conceding CA personal jurisdiction but not necessarily subject matter jurisdiction. Contact an experienced Family Law attorney in the county where her divorce action is pending for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: dismissal
That depends on a lot of issues. Where did you live at the time of separation and how long had you lived there? You may need to file a resonse in California or you may need to file a motion to quash. You probably need a consultation with an attorney to determine your easiest and least expensive manner to proceed. Good Luck, Pat McCrary