Legal Question in Family Law in California

response to california divorce

i need help, i live in az with my 3 kids. Spouse lives in CA. I received divorce papers he filed in CA. however kids and i live in az?? how do i respond. i only have three days to my 30 day deadline.. do i need a dually licensed attorney?? how do i get my case moved to AZ. I don't think my spouse has been in CA for a full 6 months. I don't think i was properly served with the papers. can my own family member serve me????


Asked on 7/14/01, 4:53 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: response to california divorce

you need someone to review your papers right away. there are too many unanswered questions.

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Answered on 7/16/01, 5:32 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: response to california divorce

First, your 30 days runs from the time that you receive the summons and petition, not from the date that is stamped on the bottom of the summons. If you were calculating from the date stamp you may have more time. Yes, your own family member can serve you. If your husband has lived in California for 6 months he can ask the court to dissolve the marriage, but the court would lack jurisdiction to divide property, determine spousal support and determine child support. If you lived in California during the marriage there might be a different answer. If your husband is asking the court to determine property rights or rights to support you will need to get a California attorney who practices in the county in which the summons and petition are filed. You should contact an Arizona attorney to begin an action in Arizona. You don't need the same attorney in both states and that would be expensive since you would be paying an attorney to travel between states. You just need two attorneys. Good Luck, Pat McCrary

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Answered on 7/17/01, 10:27 am


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