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Residency Requirements for a Divorce Case

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  • 06-20-2014, 04:37 PM
    notmyfault1311
    Residency Requirements for a Divorce Case
    My question involves a marriage in the state of: California

    Spouse filed for divorce after being a resident 4 months. He did not meet the residency requirements. Can the case be dismissed? If so, what do I have to file to dismiss it?
  • 06-20-2014, 04:49 PM
    jk
    Re: Residency Requirements for a Divorce Case
    how long ago was it filed and how did you respond to the suit, if you have?
  • 06-20-2014, 04:51 PM
    notmyfault1311
    Re: Residency Requirements for a Divorce Case
    Filed in April 2014. Sent certified mail, I have not picked it up yet.
  • 06-20-2014, 04:58 PM
    jk
    Re: Residency Requirements for a Divorce Case
    I see by another thread of yours that there were multiple means of service used. Has the dog sled and carrier pigeon shown up yet?
    If service was considered valid and you did not dispute jurisdiction, that would mean you acquiesced to California jurisdiction.


    If you have not been "legally served", then until you are you don't do anything. Once served, if he has not met the requirements to file in California, you respond with a claim that California does not have jurisdiction due to a lack of residency of either party.

    Oh, are you a California resident? If so, then his residency doesn't matter.
  • 06-20-2014, 05:00 PM
    Dogmatique
    Re: Residency Requirements for a Divorce Case
    Any special reason you don't want the matter in CA?

    Quote:

    California residency requirements for divorce

    For married persons to get a divorce:

    You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

    California for the last 6 months, AND
    The county where you plan to file the divorce for the last 3 months.
    - - - Updated - - -

    Quote:

    Quoting jk
    View Post
    I see by another thread of yours that there were multiple means of service used. Has the dog sled and carrier pigeon shown up yet?
    If service was considered valid and you did not dispute jurisdiction, that would mean you acquiesced to California jurisdiction.


    If you have not been "legally served", then until you are you don't do anything. Once served, if she has not met the requirements to file in California, you respond with a claim that California does not have jurisdiction due to a lack of residency of either party.

    Oh, are you a California resident? If so, then his residency doesn't matter.


    Exactly.

    It doesn't need both parties to meet the residency requirements.
  • 06-20-2014, 05:03 PM
    notmyfault1311
    Re: Residency Requirements for a Divorce Case
    I am not a California resident. Spouse was not a resident when filing, but is a resident as of June 2014. The law says you must be a resident before filing, so can I still respond with a claim that California does not have jurisdiction due to a lack of residency of either party?

    Thank You
  • 06-20-2014, 05:05 PM
    jk
    Re: Residency Requirements for a Divorce Case
    yes but all they have to do is refile.

    to defend against it being in California, you would have to file in your home state and be able to defend a suit filed in California based on a valid action was already filed in another state.



    but as I said, if service by any of the other means is considered valid, you have been served and if you did not dispute the residency requirements, you acquiesced to California jurisdiction, even if the plaintiff could not have validly filed in California yet.
  • 06-20-2014, 05:09 PM
    notmyfault1311
    Re: Residency Requirements for a Divorce Case
    Quote:

    Quoting Dogmatique
    View Post
    Any special reason you don't want the matter in CA?



    - - - Updated - - -




    Exactly.

    It doesn't need both parties to meet the residency requirements.

    I don't live in California.

    - - - Updated - - -

    Thanks JK!

    No dog sled and carrier pigeon yet, lol
  • 06-20-2014, 05:39 PM
    CourtClerk
    Re: Residency Requirements for a Divorce Case
    JK/Doggie... give me the cliff notes version.

    Was this person legitimately and properly served or not?
  • 06-20-2014, 05:43 PM
    notmyfault1311
    Re: Residency Requirements for a Divorce Case
    Not served legitimately nor properly
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