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  1. #21
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    Apr 2009
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    Default Re: Residency Requirements for a Divorce Case

    This is why I'm not entirely sure what OP hopes to gain by prolonging the inevitable.

    If she doesn't pick up the certified mail, he's going to do it via substituted service and if she still won't do anything, he's going to get everything he wants by default.

    Avoiding service is rarely a good idea.

    - - - Updated - - -

    Quote Quoting notmyfault1311
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    I play by the rules... I am not a resident here until July.


    No, you're just not really understanding the service issue.

    Again I'm still not sure why you want to avoid service - it's going to happen whether you like it or not.

  2. #22

    Default Re: Residency Requirements for a Divorce Case

    it's not what I believe, it's the law. In California there are certain requirements that must be met and regular mail is not on the list.

  3. #23
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    Apr 2009
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    Default Re: Residency Requirements for a Divorce Case

    Please allow me to share a real world example of residency requirements and service.

    Mom upped and left the state - she went from Florida to Wisconsin - with their mutual child.

    Dad immediately filed to have the child returned pending a custody hearing, also stating that Mom shouldn't be allowed to file in Wisconsin because she was not legally a resident (and he was right).

    Within days, Mom had filed to have the matter heard in Wisconsin.

    This is where it gets all funky. Remember at this point Dad filed first, in FL. Mom filed afterwards, in WI. You'd think that WI would just say "Oops..sorry Mom, y'all have to go to Florida to sort this out", right?

    Nope.

    After many telephonic appearances and the back-and-forth between the two states, Wisconsin actually took jurisdiction and Florida waved g'bye to the matter.

    So you see, service is not automatically the be-all and end-all of the matter.

  4. #24

    Default Re: Residency Requirements for a Divorce Case

    The play by the rules comment was in answer to jk's question.

    - - - Updated - - -

    Thank you Dogmatique,

    I see what you mean.

  5. #25
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    Apr 2009
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    Somewhere near Canada
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    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting notmyfault1311
    View Post
    it's not what I believe, it's the law. In California there are certain requirements that must be met and regular mail is not on the list.

    And unfortunately for you, you're categorically wrong.

    Let's try the brains at Legal Zoom:

    http://info.legalzoom.com/serve-resp...nia-25102.html

  6. #26

    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting Dogmatique
    View Post
    And unfortunately for you, you're categorically wrong.

    Let's try the brains at Legal Zoom:

    http://info.legalzoom.com/serve-resp...nia-25102.html

    "service by mail must be performed by a person 18 or older who is not a party to the action. Parties in a divorce include the two spouses or domestic partners"

    I keep telling you he sent it, he is a party to the action - not valid - I am not wrong

  7. #27
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Residency Requirements for a Divorce Case

    I don't get the point of all of this. Either you can file based on your prior state of residence, wait until you meet the residency requirements and file in California, or let the service take place and go forward with the divorce or dispute it based on lack of jurisdiction and make him file again, at the worst.



    what is the point if in the end, you get divorced and in California. Your actions show you to be a control freak that simply wants to give the other party a hard time about nothing.

  8. #28
    Join Date
    Apr 2009
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    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting notmyfault1311
    View Post
    "service by mail must be performed by a person 18 or older who is not a party to the action. Parties in a divorce include the two spouses or domestic partners"

    I keep telling you he sent it, he is a party to the action - not valid - I am not wrong


    In other words you'll be just peachy if he gets his adult cousin to mail it?

    Great. Glad we sorted that out for you.

  9. #29

    Default Re: Residency Requirements for a Divorce Case

    I believe jk answered my question and I am satisfied with the information jk provided.

    I have not further comments about who is right and who is wrong or name calling.

    You people are rude and you Doggie remind me so much of Stuey from "The Family Guy" I get nauseous every time you make a condescending comment about my questions.

    I just wanted my question answered plain and simple - not to be psychoanalyzed by two unlicensed therapist.

  10. #30
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Residency Requirements for a Divorce Case

    Quote Quoting notmyfault1311
    View Post
    I believe jk answered my question and I am satisfied with the information jk provided.

    I have not further comments about who is right and who is wrong or name calling.

    You people are rude and you Doggie remind me so much of Stuey from "The Family Guy" I get nauseous every time you make a condescending comment about my questions.

    I just wanted my question answered plain and simple - not to be psychoanalyzed by two unlicensed therapist.

    No hon, you wanted to see something that you didn't actually see here. Which is fine - but let's just be honest, shall we?

    Lest it needs to be said again:

    You can fight service.
    You are likely going to find that service is proper.
    You're still in the same spot; nothing has changed.

    (Incidentally, I'm sort of a cross between Stewie and Cilla Black with a hint of Jack Bauer. Sort of. )

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