Legal Question in Family Law in California

Re: Jurisdiction issues between KS and CA

There are some very complicated issues here. You must be a resident of the State of California for at least 6 months to file for a Petition for Dissolution as you probably already know. Furthermore, you need to be a resident in the County in which you file for at least 3 months. The workaround is filing for a Legal Seperation. However, there are specific issues related to the Legal Seperation is going to complicate matters. I doubt your husband's attorney will be able to Quash Service of the Summons because he was in fact served with the legal separation. However, legal separation requires consent of both parties or a default. Family Code SS 2345. All your husband has to do is to respond to your petition for legal separation by not consenting to the legal separation, and your case will most likely be dismissed on that ground.

You should have waited 6 months before serving him with process.

I highly recommend that you retain a lawyer to provide you with a consultation on this matter. You may be able to stay the action in KS due to the legal separation being filed here, but as I said above, unless he consents or does not answer the petition you may be out of luck. It may be that you will have to deal with the Divorce in KS, as a California resident!

Good Luck.

Re: Jurisdiction issues between KS and CA

It sounds like your husband's attorney is using the "who filed first" game to try and win jurisdiction in Kansas, and jurisdiction over unborn children is a "straw man" issue. Based on the patterns apparent in your story, it also sounds to me like maybe there is a history of domestic violence in your relationship with your husband. If you don't have an attorney already, I highly recommend obtaining one if you can possibly afford or finance the cost. Good luck to you.