Legal Question in Family Law in California

My Son has been married for 5 years with 2 children he is in the Military and he wife left him. He is on base in Kentucky Fort Knox.She is here in San Jose,California. She came out here on Vacation and never went home. She tried to server him legal separation papers. He was never home. He served her with divorce papers. Does he need to do anything here for her case. Is on 8/31 here and his is 9/7 there.

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Worried Grandmother


Asked on 8/25/10, 1:51 pm

1 Answer from Attorneys

If she was here, with the children, for six months or more, and she filed first, her case is the valid case and his is not. If she was here for less than six months her case is not valid. If she has been here for six months with the kids, but he filed first, then it gets complicated, but ultimately the court where the kids are will take charge of the case. So bottom line, he needs legal help in San Jose immediately.

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Answered on 8/30/10, 4:46 pm


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