Legal Question in Family Law in California

Divorce

1. I reside in Missouri, my husband a inmate in a California State Prison, how do I file for divorce?

2. Do I need an attorney to do?

3. What rights does my husband have and does he have to sign the petition or can I just file and send the final decision?

4. How do I write the petition to file?


Asked on 4/24/00, 3:16 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce

California has a residency requirement of 6 months in the state and 90 days in the county in which you reside. Since you live in Missouri you would not qualify under the California residency requirement to file a petition for dissolution.

Contact an attorney in Missouri to determine if you comply with the residency requirements. Missouri would have jurisdiction over the marriage, and children, if any.

Missouri would not have jurisdiction to order him to pay support, which is a moot issue while he is in prison. Nor would the Missouri Courts have jurisdiction to divide any property within the state of California.

After reviewing the facts in your case a Missouri attorney should be able to advise you regarding the division of any real property located in California.

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Answered on 5/31/00, 3:44 pm


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