Legal Question in Family Law in California
Stop filing in Florida to file in California? Why?
I have filed for Divorce in the State of Florida, in which I am a resident. My spouse and child reside in the State of California and have for years. She wants me to stop the filing in Florida and allow her to file in California. Why? What does/could she gain from this? Is it still ok for me to continue my filing in Florida?
4 Answers from Attorneys
Re: Stop filing in Florida to file in California? Why?
California is the home state of the child and Florida probably does not have jurisdiction over the child to determine custody and visitation issues.
Re: Stop filing in Florida to file in California? Why?
You can file in FL if you would like. FL will take jusridiction if youhave been a resident for more than 6 months. The laws on Divorce vary from state to state. I dont know how the laws differ there on the issues that you may have in your particular divorce. You can continue to file in whatever place has jurisdiction.
Re: Stop filing in Florida to file in California? Why?
Just to add a thought to my colleague's answer, she might want you to drop the Fl case so she can gain control over the case out there. I would not be inclined to transfer it just because she wants you to.
Re: Stop filing in Florida to file in California? Why?
If you file first then FL will have jurisdiction over the dissolution. I'm not sure if that's good or bad from a legal strategy point of view, but you will not have to fly to Cali for the hearing. You should discuss it with a FL attorney, but you might want to serve her before she serves you and keep the matter in FL.