QUESTION
If I want to file for divorce, can I file in California?
Asked on Jul 22nd, 2013 on Divorce - California
More details to this question:
I want to file for divorce in California. My minor daughter is living with my husband in El Paso, Texas and I want to contest for primary custody. When I file for divorce in California, does my case have to be transferred and heard in El Paso county or can it remain in California? I have heard conflicting stories. I do not understand why my case would need to be heard in my daughter's county. I would like to keep the case in California. My husband has been threatening me both verbally and through text messages so I'd rather be in an area that is not easy for him to run into me.
1 ANSWER
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file in California for divorce if you've been here 6 months in state and 3 months in the county. You would have to personally serve him first. If your daughter has been in Texas six months, then Texas has jurisdiction over child custody and child support. Texas cases seem to move a lot faster than they do in California. You could still be doing the divorce and he could have custody already finished in Texas.
Answered on Jul 23rd, 2013 at 12:32 PM