Legal Question in Family Law in California

Improper venue is not a defect in service of the summons, so that motion would fail. Your better course would be to file your own case in your county, file notices of related case in each case about the other, and then move to dismiss his.

To have a proper venue the husband and wife must live in the county for 3 months before filing. You can go to the court where the case is filed to get a form of transfer venue to get the case transferred to your county.

Actually, you are on the right track, contrary to what Mr. McCormick stated. The actual motion is called a Motion to Quash the Proceeding. "Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons:... (3) Failure to meet the residence requirement of Family Code section 2320." (Cal. Rules of Court, rule 5.121 subd. (a).)

Alternatively, you can file a motion to transfer for the wrong venue. But you definitely do not file your own divorce in a different county, because then you have two courtrooms dueling over jurisdiction, and any response you file in the wrong county would waive your right to transfer.