Legal Question in Family Law in California

Divorce Laws

I am in the active duty Army. My home of residence is Ontario, California. i am presently living at Ft. Gordon, GA. I came here 2 months ago. I was previously a resident of Arizona, living there for 18 months before going to Georgia. I was married in Las Vegas, NV in 24 June 2000 and have two kids. My wife and kids are here. One is 2 years and the other one is 1 month. My purpose is to file for divorce immediately but don't know where to file. Please help. I have to be a resident of GA for at least 1 year to file. The question is, can i file in AZ or Ca??? If so how??? Thank you.


Asked on 9/05/01, 6:33 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Divorce Laws

Where you are on military assignment is not where you need to file. You were in AZ just before going to GA. Were you in AZ on military assignment? When you say CA is your domicile, is that true for the last 6 months?

If you have been domiciled in CA for last 6 months, even though you RESIDED in AZ and/or GA during that time, you can file in CA. The problem then is: does CA have personal jurisdiction over her? Over the issues of custody and visitation? Maybe not. If that is the case, CA would simply make you single, since it would have jurisdiction over the issue of marital status.

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Answered on 10/25/01, 12:27 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce Laws

There should be an attorney on your base or nearby where you can discuss the facts of your situation, and get an answer to your question.

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Answered on 10/26/01, 2:08 am


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