Legal Question in Family Law in California

If you properly file and serve your divorce action in California, there still is a question of jurisdiction to establish the parenting plan since the children are residing in Illinois. Most likely the custody and visitation would be decided in the jurisdiction where the children live.

I cannot advise on Illinois law, but it appears that under Illinois divorce laww, since it will almost certainly be two years total separation before the case comes to judgment, all your husband has to do is cite "irreconcilable differences" and his divorce will be granted. Also, Ms. Kock is right that Illinois is the state with jurisdiction over the children. California courts would almost certainly abstain from deciding custody in favor of letting the Illinois courts decide. And lastly, neither the California nor the Illinois courts are going to care much where the case is filed. Unless you can show that the custody situation that has been in place for the last year and a half is not in the best interests of the children all of a sudden, most courts will automatically order that things stay pretty much as they are.