Legal Question in Family Law in California
After moving from TN to California; daughter's spouse filed for divorce in TN. Can daughter file in CA?
1 Answer from Attorneys
I assume you mean after daughter moved to CA and spouse stayed in TN. If so, there are several rules that come into play. First, daughter cannot file in CA until she has lived here for six months and in the county she files in for the last four months. If she does not meet that test, she cannot file in CA at all. If she meets that test, the next question is whether there are children. If so, and they have resided with the mother in CA, she can file here and will have a very good chance of having the case heard here. If there are children and they stayed in TN, the case will be heard there and there is no point in a CA filing. If there are no children, and your daughter meets the six-months test, then she can file in CA and it's a venue battle over where is the most appropriate state for the case to proceed, but all other things equal, TN will win because it was first.