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NEVR4GET

Junior Member
What is the name of your state? CALIFORNIA
I need some advice My husband moved to San Diego county on May 19, 2006 he went and filed for divorce on May 26, 2006. My children and I reside in Riverside County. We attended mediation and came to an agreement I let the mediator know that he filed under the wrong jurisdiction and he told me to let the judge know well we had court on the 3rd of July and I tried to let the judge know my husband changed the subject and diverted the judge. I already have an open case in Riverside County i opened it on Aug 2, 2005 after talking to the judge for about an hour she asked if there was something else and I tried letting her know that I have an open case in my jurisdiction and of course she was pissed then she said I have sat here for about an hour I will take jurisdiction. I have been told thru the courts in my county that I could fight that being that my case was filed first but I never got to serve him because we were trying to work things out but I checked and the case is still open and will remain open until 2008. Please I need some serious advice on how to proceed with this.Do I need to get a lawyer????Anything would be greatly appreciated...
 


LdiJ

LdiJ

Senior Member
NEVR4GET said:
What is the name of your state? CALIFORNIA
I need some advice My husband moved to San Diego county on May 19, 2006 he went and filed for divorce on May 26, 2006. My children and I reside in Riverside County. We attended mediation and came to an agreement I let the mediator know that he filed under the wrong jurisdiction and he told me to let the judge know well we had court on the 3rd of July and I tried to let the judge know my husband changed the subject and diverted the judge. I already have an open case in Riverside County i opened it on Aug 2, 2005 after talking to the judge for about an hour she asked if there was something else and I tried letting her know that I have an open case in my jurisdiction and of course she was pissed then she said I have sat here for about an hour I will take jurisdiction. I have been told thru the courts in my county that I could fight that being that my case was filed first but I never got to serve him because we were trying to work things out but I checked and the case is still open and will remain open until 2008. Please I need some serious advice on how to proceed with this.Do I need to get a lawyer????Anything would be greatly appreciated...
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You probably need an attorney. The problem was that you should have responded to his case by making a written motion to dismiss the case based on the fact that you already had an open case in another county. Instead, you waited to bring it up in court and then weren't assertive enough to get the info communicated to the judge up front.

That tells me that you probably would be better off with an attorney.
 
G

garrula lingua

Senior Member
You can fille a Motion To Change Venue in SD stating that
1. a case already exists in Riverside
2. All of you lived in Riverside County for ___ years/months. Ex has only recently moved to SD. RC is more convenient for you and any witnesses to attend court
3. Any assets in RC (jobs, house, accounts, etc.)
4. Mediation services have already been extended in RC (did the Judge sign the mediation agreement and make it an order of the court ?)

It would be best to have an atty draft and argue this motion.
 
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