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  1. #1

    Question Lawyer Won't Help with an Interstate Divorce

    My question involves a marriage in the state of: NY

    I posted a couple months ago and got some great information here so I am in need of some more advice. My husband and I were married in NY where he still resides but I currently live in CA and since I've been here close to a month I've met the residency requirement here. I want to file for a divorce and my lawyer keeps telling me that due to CA not having jurisdiction over my husband I can't file here in CA. But then when asking here I was told that since I am not seeking any property or spousal support I can file here, I was also told this at the self help office at family court. My lawyer won't help me file the papers here and keeps saying I can't file here. Can I just go and file without representation easily enough if I use the guidance of the self help office at the court? I'm also currently working on getting child support through a uifsa petition so is it better to wait on filing for divorce or does it not matter since they are separate. (we have custody already figured out through the CA court due to a restraining order). Should I just again ask my lawyer about divorce here since we still have them retained? Thanks in advance for any help you guys can give me.

  2. #2
    Join Date
    Oct 2006
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    15,424

    Default Re: Lawyer Won't Help with an Interstate Divorce

    Get whatever is left of your retainer from that attorney an go talk to a couple of other attorneys. People get interstate divorces all of the time.

  3. #3
    Join Date
    Oct 2016
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    3,043

    Default Re: Lawyer Won't Help with an Interstate Divorce

    You need to listen to your lawyer you have not met the residency requirements.

    From https://www.courts.ca.gov/1224.htm

    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.
    If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

  4. #4
    Join Date
    Jun 2017
    Location
    California
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    404

    Default Re: Lawyer Won't Help with an Interstate Divorce

    First, a restraining order does not determine custody and second, you must be a resident for SIX months before you can file. The CA courts do not have jurisdiction over him to order child support so that should be handled through NY. As a side benefit, NY child support is payable to age 21 while CA is to 18 or graduate high school up to age 19.

  5. #5
    Join Date
    Jul 2018
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    Default Re: Lawyer Won't Help with an Interstate Divorce

    Quote Quoting EShear0715
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    My husband and I were married in NY where he still resides but I currently live in CA and since I've been here close to a month I've met the residency requirement here.
    Where did you get that idea? In order to get divorced in California, at least one spouse must be a resident of California for at least six months. Cal. Fam. Code section 2320(a).


    Quote Quoting EShear0715
    View Post
    Can I just go and file without representation easily enough if I use the guidance of the self help office at the court?
    You can file anything you like, and no law requires that you have an attorney. However, when you fill out the required Judicial Council Petition for Dissolution of Marriage, how will you complete section 2a?


    Quote Quoting EShear0715
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    Should I just again ask my lawyer about divorce here since we still have them retained?
    Who are "we"?

    In any event, you certainly should seek advice from a local family law attorney.

  6. #6

    Default Re: Lawyer Won't Help with an Interstate Divorce

    It was a typo, I have been here for 9 months

    A restraining order comes with assumed custody, in which I then had a custody hearing and was granted sole custody after that. And for support you file through the state the children resides then they reach out to the state the other parent resides. It's called the Uniform Interstate Family Support Act.

  7. #7
    Join Date
    Oct 2006
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    15,424

    Default Re: Lawyer Won't Help with an Interstate Divorce

    Quote Quoting LegalWriter
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    First, a restraining order does not determine custody and second, you must be a resident for SIX months before you can file. The CA courts do not have jurisdiction over him to order child support so that should be handled through NY. As a side benefit, NY child support is payable to age 21 while CA is to 18 or graduate high school up to age 19.
    Actually, the CA CSE can help her with child support but will funnel it through the NY CSE. She won't have to go to NY to establish child support.

  8. #8

    Default Re: Lawyer Won't Help with an Interstate Divorce

    Quote Quoting llworking
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    Actually, the CA CSE can help her with child support but will funnel it through the NY CSE. She won't have to go to NY to establish child support.
    That's exactly what I did! I tried going directly to NY and they dismissed and told me to go back and file in CA

  9. #9
    Join Date
    Jul 2018
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    Default Re: Lawyer Won't Help with an Interstate Divorce

    Quote Quoting EShear0715
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    It was a typo, I have been here for 9 months
    Sigh....

    If I were you, I'd think long and hard about filing in NY since a court in NY can handle all of the outstanding issues re property division, custody, visitation, support, etc. The only thing a CA court can do is terminate the marriage and enter a child support order (and, as noted in one of the prior responses, NY still has archaic and discriminatory laws that require divorced parents to provide support for their kids well into adulthood (where parents who are married have no duty to support adult children)).

  10. #10

    Default Re: Lawyer Won't Help with an Interstate Divorce

    Quote Quoting pg1067
    View Post
    Sigh....

    If I were you, I'd think long and hard about filing in NY since a court in NY can handle all of the outstanding issues re property division, custody, visitation, support, etc. The only thing a CA court can do is terminate the marriage and enter a child support order (and, as noted in one of the prior responses, NY still has archaic and discriminatory laws that require divorced parents to provide support for their kids well into adulthood (where parents who are married have no duty to support adult children)).
    I have no interest in any property or alimony. And I also have a custody order in place as CA has emergency jurisdiction due to the restraining order. All I want to do is dissolve the marriage and be done with it.

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