QUESTION
How do I go about cancelling a state divorce proceeding due to incorrect residency?
Asked on May 11th, 2014 on Litigation - California
More details to this question:
My husband is an active duty military, retiring in September 2014. His military home of record is New York, has not lived there in 16 years. We married in California, moved to Virginia. We both hold Virginia drivers license. We have lived and filed taxes in Hawaii for 1 and 1/2 years and have 3 kids. I will be moving to California, my husband will be moving to New York. He has filed for divorce in New York. I live on base therefore cannot be served by a processor. Can New York have jurisdiction of my divorce if none of us live there right now? Will my divorce continue without me signing to be served? If I file in Hawaii, do I need to be present in person or can I call-in? How can I cancel the New York proceeding due to incorrect residency?
2 ANSWERS
Divorce & Separation Attorney serving Long Beach, CA
at
Law Offices of B. Stuart Walker
Update Your Profile
A California court would find that; If your husband was in the military and his residence before leaving was New York and he intended to return there and has in fact returned there; then New York has jurisdiction, as it is considered his domicile. But, it would be a divorce without the issue of child custody being decided. The state where the children last resided for six month prior to the start of the proceeding would have jurisdiction regarding child custody. If you meet the residency requirements of California (3 months in the county and six months in the state) you may serve and file your divorce in California. California will have jurisdiction if you serve him, before he serves you. While you are waiting you can file for legal separation, but again, the issue of child custody belongs to the state where the children last resided for six consecutive months.
Answered on May 14th, 2014 at 8:09 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You need help from a NY lawyer not a CA lawyer.
Answered on May 14th, 2014 at 8:09 PM