Legal Question in Family Law in California

My husband is a soldier in the U.S. Army, he filed for a summary dissolution. In California it takes 6 months to get a divorce. California is where we live and where he filed. We got married in Nevada, he is from Florida and that is where his drivers license is. He is telling me that he is going to unfile and go file in Florida or Nevada. Is this possible? The reason is because he doesn't want to pay me for as long.


Asked on 1/23/10, 6:44 pm

1 Answer from Attorneys

Cristin Lowe Law Office of Cristin M. Lowe

Please be sure to consult with an attorney as soon as possible. Yes, it is true that divorce takes six months to obtain a divorce. However, he cannot file for a summary dissolution on his own--it's something the two of you do jointly. A summary dissolution is very different than a regular dissolution, and does not involve spousal support. You will need to be very clear on what exactly your type of divorce is, and from your post, it doesn't appear that you are certain of what is going on in your case.

That being said, turning to your question itself. If he's already served you with the divorce papers, he cannot dismiss it without your permission. To be on the safe side, if you haven't already filed your Response, please do so immediately. If he hasn't served you, he can technically dismiss the case and try to re-file in another state. He can't file in Nevada because neither one of you is a resident in Nevada, and Florida is also improper if he hasn't physically been there for six months and a day--his residence is here in California. IF he dismisses the case, you will want to file for divorce in California as the Petitioner and serve him immediately in order to avoid any sort of jurisdictional battle.

Second of all, if you have children and you've lived in California continuously for 6 months, the case should be in California.

Jurisdiction can be a very tricky issue, and I encourage you to speak with an attorney in order to protect your rights.

Good luck!

Read more
Answered on 1/29/10, 11:59 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California