Legal Question in Family Law in California

Residency requirement for legal separation/divorce

My mother, an Iowa resident, suffered a stroke in Sept. In October we moved her to California to recover and to live permanently. She intends to file for legal separation and, eventually, divorce, from her husband in Iowa. Can she file to legally seperate in California? Can she file for divorce in California? Their mutually held assets are in Iowa. Her husband remains in their house in Iowa. The house is for sale. Can ''Instructions to Escrow'' stipulating that she receive 50% of the net proceeds be placed in the potential sale documents in Iowa by California order? They have been ''common law'' together for 30 years. Both names are on the deed. If he does not consent and cooperate, how can we remove her personal items (clothes, pictures, jewelry, shoes, and such) from the home in Iowa? Thank you very much.


Asked on 11/18/05, 1:53 am

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Residency requirement for legal separation/divorce

In a general sense, one has to reside in the state for 6 months and the county for 3 months to file for dissolution. One can liove her for 1 day, file for legal separation, and then convert it to a dissolution after they have been here 6 months.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/18/05, 10:22 am


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