If my husband is in one state and I have been in another for a month due to DV, can I file for divorce here but have him served there?

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If my husband is in one state and I have been in another for a month due to DV, can I file for divorce here but have him served there?

Asked on August 6, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

The short answer is: probably not.

In CA you need to have lived in the state for 6 months for the court to have jurisdiction (authority) over a divorce case.  Your new state won't have jursidiction over your divorce for a while yet, but states differ.  The majority of states have a six month requirement. 

Even if you divorce in another state, that state won't necessarily have jurisdiction over real property located in California. 

I would recommend that you read about California Secretary of State's "Safe At Home" program.  It would enable you to use their address for filing legal papers, if you choose not to use an attorney.  You can read more about the program here: http://www.sos.ca.gov/safeathome/

You should file for divorce in CA to simplify things.  I would recommend filing for a domestic violence protective order as well (in CA) to protect yourself.

If you used to live in the Ventura County area, I would love to help you out.

Best of luck.


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