Legal Question in Family Law in California

I received a letter from the court for order setting hearing for spousal support and divorce jurisdiction. The court says I did not provide proof of service but I did and confirm it. Also That my spouse is not living in Calif and do I have evidence of any ties for him here in California.If I have proof and I sent the court several documents, a copy of his CDL which is active and current. I also send several legal letters showing he has had regular contact here. Can the hearing be canceled and my support still be in forced? I am receiving temp support now! What other evidence is needed to prove he has not established permanent residency in NM state?


Asked on 9/02/10, 4:46 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

There are two types of jurisdiction that apply to your case. The first, which every attorney learns in law school in Civil Procedure is known as In Personam Jurisdiction. That jurisdiction involves the court's jurisdiction over a person, in this case, your husband, who is called the respondent. California courts can exercise jurisdiction over nonresident defendants and respondents on any basis not inconsistent with the United States Consitution.

That is the kind of jurisdiction that you are discussing in your question. It involves minimum contacts with the forum state, and reasonableness. A complete discussion of this doctrine is too long to delve into in this forum. Challenges to personal jurisdiction, however, are not raised by the court, but by the nonresident defendant or respondent who has been served papers.

The other type of jurisdiction is what is at issue. In California, a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

If I were you, I would identify the specific jurisdictional question that the court is raising. It would appear to me that the court does not think they have jurisdiction because you recently moved here, and your husband is not a resident.

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Answered on 9/07/10, 5:47 pm


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