QUESTION
What is legal the divorce, the first filed or the second after we moved?
Asked on May 22nd, 2015 on Divorce - California
More details to this question:
My husband and I filed a legal separation for six months. He then moved and filed a dissolution of marriage. He states that the separation order from the other state which does not mention a real split of community property still stands within the context of the divorce. I disagree since he filed in another state.
2 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Under the legal principle of comity, a valid court order from one state is recognized in all other states. However, the first court order was only for legal separation. The second order was for divorce. The divorce action should have identified any orders entered in the separation action. If your husband didn't do that when he filed the case, you should have done it when you responded. Now, the divorce order is also a binding court order recognized in all states, and it would supercede the legal separation so as to end the marriage. The only real issue is whether or not the terms of these court orders conflict. If they do, the conflict most likely needs sorted out in the divorce case. Beyond that, you will most likely have to sit down with an attorney in the state that did the divorce to see what impact, if any, the legal separation order has in the divorce case.
Answered on May 28th, 2015 at 2:42 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You need to produce paperwork. I won't be lulled into this trap.
Answered on May 28th, 2015 at 12:48 AM