Legal Question in Family Law in California

Filing a Divorce in CA
My wife filed for divorce in CA. after only being there for 4 months. I currently live in TX and so did she until May of last year. She filed in CA on Sept 24 which is not six months. Can i get this case dismissed and file in TX? The reason is our childrens child support will be much higher in CA than TX and also would like to have a shot at getting custody. I have read elsewhere TX would be more freindly to dads than CA would be. Thanks

Asked on 2/13/08, 10:37 am

Fran Brochstein Attorney & Mediator

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Re: Filing a Divorce in CA

I don't know CA law. You need a CA attorney.

CA's residency requirement might be different from TX.

However, you need to contest the lawsuit now and get a hearing set to have the judge rule if the divorce can go forward.

If you don't do it first thing, then you probably lose the right to contest the the jurisdiction of the court.

Answered on 2/13/08, 11:17 am

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