Legal Question in Family Law in Washington
out of state divorce
My daughter and husband resided in CA for a year in the beginning of their marriage. Now they reside in WA state. Is there anyway a divorce can be completed in San Diego, CA? There are 2 children involved.
3 Answers from Attorneys
Re: out of state divorce
If the children have resided in Washington for over 6 months, the presumption is that the most convenient forum is going to be Washington to resolve parenting and child support matters. I don't know the details of California law as it may apply to the possibility of his consent to jurisdiction under the California version of the Uniform Child Custody Jurisdiction Enforcement Act.
Re: out of state divorce
Has there been a filing in WA yet? Is your daughter coming back to San Diego to live? Contact me directly.
Re: out of state divorce
If she takes the children out of the state of WA in order to avoid WA jurisdiction and prevents the father from contacting the children, it can get fantastically messy and expensive.
Rule in WA is the last six months residence here qualifies for WA jurisdiction.
There are pros and cons. She'd do well to do a consult with an attorney licensed in BOTH states.
hope this helps - Elizabeth Powell