Legal Question in Family Law in California
Divorce vs Legal Separation
Recieved Legal Sepatation papers from California and I live in Washington and want a Divorce. Can I file for my Divorce here in Washington even if she filed Legal Separation in Ca, she did not file divorce because you have to live in ca for 6 months or the county for 3. And I need to know what I can do
2 Answers from Attorneys
Reply: Divorce vs Legal Separation
Consult with a family law lawyer in your home state as to the residence requirements for filing, as well as the advisability of filing for divorce there even though there is a legal separation pending in California.
Good luck to you!
Brian Levy, Esq.
Law Offices of Brian Don Levy
Re: Divorce vs Legal Separation
The short answer is Yes, assuming you have livied in your state long enough to file. CA only has jurisdction over the marriage to the extent of granting a judgment of legal sep or nullity. CA does not have jurisdiction over YOU, to order support or property division.
Once she has lived here 6 months total, she can amend the petition to divorce and serve you again, unless you have already filed and served her.
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