Legal Question in Family Law in California
Legality of Divorce in different state
if someone files for divorce in the state of mass. and then moves to california can he file for divorce there when there is still an open case in mass. can he be granted a divorce without his wife knowing about it until it is finalized by a court in cal.
2 Answers from Attorneys
Re: Legality of Divorce in different state
He has to reside in California for 6 months before he can file a petition for a divorce. Also he would have to serve you before the divorce can proceed. After you are served with the summons and petition. After service of the petition is completed ther is a six month waiting period.
Re: Legality of Divorce in different state
No he can not. First he has to serve you. Second, he has to get jurisdiction in CA and that means you and he have to have lived as a married couple in CA for some time in CA. More importantly, you still have jurisdiction here assuming you have served him.
Good Luck. Your attorney should be able to handle this for you without any problem.
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