Legal Question in Family Law in California

Re: Tn Divorce Law vs Ca Divorce Law

If the case is filed in CA then that is the law that applies. If the Respondant is also in CA it is going to go forward here. You will have to get the courts permission to remove the children to TN. CA is a no fault state. That means that the property division and support issues are determined by the law without regard to fault. As to custody it is not legally an issue but may be a factor that the court would look at if it affects the children directly. Sneaking off to a motel is of no interest whatsoever unless you leave the children in the car. My advice if you are the aggreived party and want to move back to TN is to get a marital settlement agreement signed quickly. You may agree to a really low child support number (below guidelines) in the agreement and then ask for a modification almost immediately after the dissolution is granted. It would be wise to get an attorney to prepare the agreement and all the forms before you leave. Don't expect the Petitioner to do all the work. Most of the time the work/cost is divided equally unless one party earns a lot more in which case it is divided proportionally (the higher earner pays part of the fees for the lower earner). If you have no income you need an attorney to get attorney's fees. After the case is over and you and the children have been in TN for a while you may ask for it to be moved. You can also get help there to collect support.