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  1. #1
    Join Date
    Dec 2005
    Location
    Idaho
    Posts
    2

    Default Spouse Support

    My wife and I got married in ND 15 years ago. We then moved to Idaho. Our kids are over 18yrs old. 7mo ago she left to CA to work a temp job. She always told me she was coming back, but now I got papers in the mail for Divorce with Spousal Support. I have no problem with the Divorce, but can she file for Spousal Support? and wich laws would apply to me..Idaho's or California?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Spousal Support

    With the seven month timeframe, it sounds like she waited just long enough for California to have jurisdiction as the children's home state (six months under the UCCJEA) then filed there.

    Normally she would not be able to file for spousal support, or for division of those portions of the marital estate which remain in Idaho, as California has no personal jurisdiction over you and no subject matter jurisdiction over property limited in another state. You can waive any objections to jurisdiction either by formally waiving them, or by appearing but failing to raise the issues in a timely manner (often meaning before or at the time of your first legal filing or appearance in court).

    If the California court asserts or obtains jurisdiction over spousal support matters, it should apply Idaho law. But the guidelines can be mushy enough, and permit consideration of equitable principles, such that it may not matter much.

    I would suggest retaining a lawyer in California to make sure that your interests are protected. You may wish to take a look at the AAML member directory.

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