QUESTION

Can I cancel the case in our old county and refile where I live now?

Asked on Jul 11th, 2017 on Divorce - California
More details to this question:
I originally filed divorce in the county where my husband and I lived. I moved shortly after and he has left the country on a one way ticket. I've lived in my county for two months and have a TRO for DV against my husband.
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1 ANSWER

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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If you met the requirements in the old county (3 months) and six month in the state at the time you filed the Petition, you can keep the original filing and do the divorce in the old county. In the new county you need to wait until you lived there for three months to file a new petition if that is what you prefer. Remember with a new case you will have to pay a new fee and serve the new Petition on your spouse.
Answered on Sep 25th, 2017 at 6:26 PM

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