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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default Which Court Has Divorce Jurisdiction

    My question involves a marriage in the state of: California

    My Husband filed divorce in San Francisco county on 8/15/13. I filed for annulment in San Joaquin county on 9/10/13

    My Husband was served on 9/12/13 at his residence. Server gave the papers with his father. His father doesn't speak English.

    I was never properly served. He filed proof of service by mail. He claims the paper was mailed to my mother's house on 9/8/13. No one signed anything. I never received anything and I don't even live with my mother.

    Can I get the case in San Joaquin county? For 2 reasons: 1. I was never properly served. 2. Neither of us satisfy the 3 month residency requirement in SF County. My husband lived with his family in Europe prior to filing the divorce. Should I file a motion to strike? or ignore his case? if both case proceed what will happen?

    Additional information
    We used to live in SF County, but both of us have moved after separation. There is no children involved. Both San Francisco county and San Joaquin county are in California -

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Which Court Has Divorce Jurisdiction

    I have no clue as to which court would be the proper venue.

    But I can tell you this. Don't ignore his case.

    The purpose of process service is to notify you of the action and you've obviously been notified since you know about it.

    You'll need to file a motion for change of venue based on the residency requirement. If the judge grants the motion, the case will be moved to your county, but won't be dismissed.

    Both cases are likely to be combined into one.

    I suggest you hire an attorney and make sure you get it right. If you go it alone you are likely to mess things up.

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