Legal Question in Family Law in California
Live in CA. Married since 2012. Lived in mother in laws house when she passed 3/2015. Moved out 10/2015. I moved in with sister - still in CA - husband transferred job & moved to NV - does not want to live in CA anymore. Seen each other off and on, talked on the phone and/or text 4-5 days a week since living separate. Husband called 2 weeks ago said he thought he had cancer, told me he plans to quit job in April to travel then move to AZ and put all pink slips in daughters name plus setting up account for her (she's 27). He filed for divorce 2/28/17 in NV says I'm not entitled to spousal support. I disagree. I have not been served yet. Wanting to know if I'm entitled to support or if I can file in CA since I have not been served. Thank you.
1 Answer from Attorneys
I can't tell you what you might or might not be awarded for spousal support in a NV divorce. In California, you are unlikely to be entitled to any spousal support due to the short duration of the marriage and long separation, although if he has been supporting you during the separation you may be able to continue that for a short period of time. If you were awarded any, it would only last a year and a half, maximum, due to the short-term marriage, and would be tied to an order that you find work so that he could modify or cut the support once you are self sufficient. As for where the case is handled, if you file and serve him with a CA case before you are served with the NV case you would at least have an argument that the case be done in CA. However, generally when two places have jurisdiction, the earlier filed case will be where the case is handled.