Legal Question in Family Law in California
Married since 2002. 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
You may be correct that you are entitled to spousal support if your case proceeds in California. Since you posted this as a California question it goes to California attorneys. We are not qualified to tell you what might happen in Nevada. In California, based on the length of the marriage, you may be entitled to a presumption of spousal support for up to seven years, and possibly longer based on the parties finances. However, entitlement to spousal support is dependent on a lengthy list of factors, including the asking party's needs and their ability to be self-supporting (which is the policy of the courts) and the responding party's ability to pay, as well as the parties' financial status and lifestyle during the marriage and equalization of any reduction in the standard of living due to divorce so that one party doesn't go into poverty paying for the lifestyle the other party was used to. So in the end, there is no way to say for sure if, much less how much you would be entitled to without a thorough evaluation of all the numbers and factors that the law requires be considered in setting support.
As for the part of your question regarding jurisdiction, I already answered that. One other thought I have, though, is that if he moves to AZ before you are served, you will have a good chance of having the case heard in CA if you file and serve him first, since the NV court will not be inclined to retain jurisdiction over a matter that involves no one who lives in the state.