Legal Question in Family Law in California
Filing for divorce in indiana and having it served in california
I need to know if I file for divorce in Indiana,since that is where we have lived the last 6 months,and I have my wife served @ her families home in california,would she have to return to Indiana with the children to appear before the judge for the custody hearing or would the state of California protect her from coming back.
2 Answers from Attorneys
Re: Filing for divorce in indiana and having it served in california
She can contest the jurisdiction of the Indiana court over her, in which case you have to dismiss your case here and file one in California.
If she agrees to the Indiana court's jurisdiction (by replying to the paperwork and not contesting it immediately), then she cannot contest it later.
If she owns property here in Indiana or has other significant ties, then the Indiana court would have jurisdiction over her, whether she likes it or not.
Hope this helps answer your question.
Re: Filing for divorce in indiana and having it served in california
A party is subject to either personal or property jurisdiction of a court. Your wife resides in California, the Indiana Court has no personal jurisdiction over her. Thus, she can contest the Indiana Court's jurisdiction over her. With respect to the issue of custody, it may be wise for you to proceed here since your ex-wife lives here. I suggest that you consult an attorney in your area.
Good Luck
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