Legal Question in Family Law in California

can a spouse file for divorce in another state? been together 8 years liveing in same state


Asked on 7/22/11, 1:39 pm

2 Answers from Attorneys

Every state I know of has adopted the uniform code provisions on family law jurisdiction, which requires legal residence in the state for at least six months before the state's courts will accept jurisdiction over a divorce, and even then there is the problem of obtaining personal jurisdiction over the other spouse. So it can be done, but it's a hassle, and far more expensive than just proceeding in the state in which you both live now.

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Answered on 7/22/11, 1:54 pm
Anthony Roach Law Office of Anthony A. Roach

One spouse can file in another state, but as Mr. McCormick pointed out, that filing may not comply with the jurisdictional requirements of that other state. In addition, keep in mind that it is your responsibility, if served with papers from the out of state divorce case, to consult with an attorney as soon as possible in that state, and make sure that a proper motion to quash/ dismiss for lack of jurisdiction is filed on your behalf.

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Answered on 7/22/11, 5:06 pm


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