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  1. #1
    Join Date
    Sep 2016
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    Default Which Court Has Jurisdiction if Both Spouses File Cases

    After the wife moved out of the home, she moved to another county in California and filed for separation. The next day, before he knew about the separation action, the husband filed for divorce in the county in which they had lived.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Which Court Has Jurisdiction if Both Spouses File Cases

    If the wife has lived in her new county for at least three months, absent an agreement to the contrary, the case will likely be heard in her new county of residence. If she has not yet lived in the new county for three months, then she would not have established residency in that county for filing a separation case and her former county of residence (the husband's county) would be the proper venue.

    If there are additional complicating factors, such as a child custody case, then the wife's new county may be receptive to the argument that it should transfer the case to the husband's county, based upon that being a more convenient forum for deciding issues of custody based upon the presence of certain witnesses or evidence in that case. That's something to potentially discuss with a divorce lawyer.

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