Legal Question in Family Law in California

filing a response

On the petition I recieved is for legal separation, and I want a divorce. Can I put that down. She filed in California where she just moved to and I am a resident of Washington, and she has only lived in Ca for 1 month. I know that Ca you have to live there for 3 months to file divorce but I dont live there so I just need to know if I can respond back with wanting a divorce instead of separation.


Asked on 10/25/02, 4:50 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: filing a response

She can amend her petition to seek a dissolution of marriage after she has met the California resdidency requirement, but since you do not meet the residency requirement you can not respond seeking a divorce.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/28/02, 11:47 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: filing a response

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Yes. And after six months in CA and three months in her county she can amend her petition to a divoce, as well.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 10/25/02, 9:37 pm


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