Legal Question in Family Law in California

If parties live in two different states, husband files for divorce in his state and wins a support award for himself, can wife who is resident of another state file for divorce in her state?

Husband filed for divorce but will not sign the divorce papers because he wants to continue to collect support.


Asked on 3/07/12, 4:11 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Your question is much more complex that it may appear. A state court cannot order a spouse to pay spousal support Usually if a spouse does not live in a state that state does not have jurisdiction to order a non resident spouse to pay support. However the out of state spouse could consent to the jurisdiction of the court by responding to the petition for dissolution.

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Answered on 3/07/12, 9:34 pm
Anthony Roach Law Office of Anthony A. Roach

You are going to need to post more information. California does not require a responding spouse to consent and sign papers for a divorce.

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Answered on 3/08/12, 9:56 am
Michael Schneider Family Law Center

From a jurisdictional point of view, if the other party first filed for divorce, and that court would have jurisdiction over you, and you did not contest the filing, the first person to serve the other person, would normally have jurisdiction. But, yes, we would need much more information to truly help you. I would suggest you speak with legal counsel. Good luck!

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Answered on 3/08/12, 11:21 am


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