Legal Question in Family Law in California
Where is Jurisdiction?
I filed for divorce in San Mateo county. Service was attempted in person on 3 consecutive days (after the first day, my spouse went into hiding) and finally served on the 3rd day at my spouse's place of business to a 3rd party. The papers were also mailed immediately thereafter, on Jan 9th, by the serving company. On Jan 16th, my spouse, who now lives in LA, served me with papers and I personally accepted them. Now I am told that the venue will be in LA, not San Mateo, because the papers I generated are not considered ''filed'' until 10 days after the mailing date - which is January 19. So my spouse is considered to have filed first.
Does you know of any case law that could get around this? I will probably lose my job if I have to take time off to go to LA for court appearances, etc., not to mention that witnesses who would be called live up here, and I do not have the money for them to travel to LA.
Thank You!
1 Answer from Attorneys
Re: Where is Jurisdiction?
You should contact an attorney and discuss the facts of your case. Depending upon the facts you may be able to defeat his attempt to move the case to Southern California. He would have to have resided in the county in which he filed the petition for dissolution, prior to the date it was filed. Retaining an attorney immediately to file a motion to dismiss his petition.
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