Legal Question in Family Law in California
Exceptions to exclusive jurisdiction of the state of Ca.
I was divorced in Ca. in 1991, Imoved to NM in 1994. To modify alimony which was originiated in Ca., does Ca. without exception and without exclusion always have the exclusive right to jurisdiction? Since my divorce have had a substantial change in the fact that I now live in NM, as a matter of convenience all my doctors records are here. What are the exceptions under the Uniform Interstate Family Support Act that would allow me to have a Tribunal in the State of NM decide this issue vs. Ca.
1 Answer from Attorneys
Re: Exceptions to exclusive jurisdiction of the state of Ca.
If your ex resides in CA then that state has exclusive jurisdiction over its divorce decree and there is nothing you can do.
If your ex does not reside in CA then you may file your CA decree in the state in which he resides and litigate the issues there.
Only if your ex resides in NM will you be able to proceed through the NM courts.