QUESTION
If I file for divorce in one state, could my husband file against the jurisdiction in that state and have another state take over my case?
Asked on Mar 21st, 2014 on Divorce - California
More details to this question:
I moved from Texas to California back in November of 2012. If I file for divorce in state of California, could my husband file against the jurisdiction in California and have Texas take over my case? I am petitioning for divorce in California and hope to get divorce here.
4 ANSWERS
If you are the first to file and you meet the local residency requirements then your case should receive precedence, particularly if you have children. Your husband would then have to ask to have the case moved. You should consult a family law attorney to go over the grounds for moving a case to another jurisdiction.
Answered on Mar 25th, 2014 at 6:21 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
He could file in another state if he meets the jurisdictional requirements of that state. It is a race to the court house to see which state is first.
Answered on Mar 25th, 2014 at 6:11 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You need to file here and have him personally served in Texas. If he files and serves you first then divorce would be in Texas.
Answered on Mar 24th, 2014 at 12:27 PM
In your case since you are a resident of California if you file first the California will have Jurisdiction. So don't wait. The laws in Texas are draconian when it come to support and property rights.
Answered on Mar 24th, 2014 at 12:24 PM