Legal Question in Family Law in California

Motion to Kwash/Soon to be Ex Filed in Wrong County

My soon to be ex filed in the wrong county-using a friend's address-and he lied saying he was a resident of that county which he isnt- I saw an atty who told me that we needed to file a ''motion to kwash(sp?) and refile in the correct county as we never lived in the county my husband filed in (he was simply staying with his girlfriend there for a month.) I want to get the divorce thrown out in the particular contnty that my ex filed in, the atty also told me they shouldn't have jurisdiction over us or our child as we have never lived there- how do I do this? I don't know what forms to file and legal aid has been of no help. I don't want the case transferred, I want it thrown out, so we have to start ALL OVER. Please advise...thank you.


Asked on 7/06/05, 10:35 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Motion to Kwash/Soon to be Ex Filed in Wrong County

You already have your answer. You need to file your motion to Quash. You should also file in your own county because once your spouse is in his or her county for 3 consecutive onths, he or she can re-file.

Good luck to you.

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/07/05, 10:38 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Motion to Kwash/Soon to be Ex Filed in Wrong County

You would need to challenge jurisdiction. Call me directly at (619) 222-3504.

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Answered on 7/07/05, 6:34 pm


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