Legal Question in Family Law in California

Re: Filing for Divorce

You need to retain an attorney in California.

Re: Filing for Divorce

Unfortunately, a Virginia lawyer may not have familiarity with California law. Additionally, a Virginia lawyer will probably be unable to represent you in court, unless they are admitted to the California bar.

It may be more economical for you to consider a California attorney to represent your interests.

Re: Filing for Divorce

Only if that attorney is also barred in CA.

Is there a reason that you wish to file in CA? Is there a child residing there as well?

Re: Filing for Divorce

Neither a lawyer in Virginia nor one in California can file for divorce for you in California. In order to file for divorce in California, you have to have resided here the last 6 months. You can file in Virginia.

Where your husband resides is irrelevant. He too must file where he has resided for the last 6 months. If he has not been in California for the last 6 months then he cannot file in California.

I have had cases where one spouse files in one state and the other in the other state. The courts will usually defer most of the issues to the "first in time, first in right" concept, but not always.

You can Respond to a divorce petition filed by your husband in his state, but you cannot obtain a divorce in that state, only he can. So, the person who files first will have substantial control over the pace and substance of the divorce.

Re: Filing for Divorce

Although I have not done so, the petition indicates that if either the petitioner or the respondent has been resident of California for 6 months and 90 days the county in which the petition is filed.

The judicial council form clearly states the either petitioner or respondent has met the above residency requirements.