Divorce Jurisdiction

[Lucke13]

What is the name of your state (only U.S. law)? California

My spouse lives in Virginia. I live in California with our children.

We also have a legal separation which was filed in California, and which established child support, custody, and visitation.

Which state would have jurisdiction over the divorce?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

My spouse lives in Virginia. I live in California with our children.

We also have a legal separation which was filed in California, and which established child support, custody, and visitation.

Which state would have jurisdiction over the divorce?

YOu live in California. California has jurisdiction over the children. It makes it easier to get a divorce in California. He could probably get a divorce in VA but it would not necessarily cover the children's issues.

 

[mistoffolees]

YOu live in California. California has jurisdiction over the children. It makes it easier to get a divorce in California. He could probably get a divorce in VA but it would not necessarily cover the children's issues.

Also make sure to check residency requirements. Even if he wanted to file in VA, you need to live separate and apart for 1 year to get a no-fault divorce there.

However, since they already have orders regarding custody, support, and visitation for the kids. If he filed in VA, wouldn't the CA orders regarding the kids simply remain in effect?

 

[LdiJ]

Also make sure to check residency requirements. Even if he wanted to file in VA, you need to live separate and apart for 1 year to get a no-fault divorce there.

However, since they already have orders regarding custody, support, and visitation for the kids. If he filed in VA, wouldn't the CA orders regarding the kids simply remain in effect?

They would unless she accidentally ceded jurisdiction to VA over child matters, and VA made different orders.

 

[Lucke13]

Thank you for the responses. I agree that it would be easiest to go through California, but I have concerns that he will fight California having jurisdiction over the divorce because California laws will favor me, especially in the area of child support, which he is wanting to decrease.

If I file in California, how would California establish personal jurisdiction over him? Would the current order be sufficient? Would he have to be served while here? would he have to consent to California having jurisdiction over him?

and visa versa, if he filed in Virginia, how would Virginia establish personal jurisdiction over me?


We've been legally separated for 3.5 years, and he has lived in Virginia for 3 years. We lived in California for 4 years, with the children.

 

[mistoffolees]

Thank you for the responses. I agree that it would be easiest to go through California, but I have concerns that he will fight California having jurisdiction over the divorce because California laws will favor me, especially in the area of child support, which he is wanting to decrease.

If I file in California, how would California establish personal jurisdiction over him? Would the current order be sufficient? Would he have to be served while here? would he have to consent to California having jurisdiction over him?

and visa versa, if he filed in Virginia, how would Virginia establish personal jurisdiction over me?


We've been legally separated for 3.5 years, and he has lived in Virginia for 3 years. We lived in California for 4 years, with the children.

Then you want to file first so the jurisdiction battle is in your neighborhood. Plus, under those conditions, it is unlikely that he'd be able to make any plausible claim for VA to have jurisdiction.

Personal jurisdiction isn't a problem. He lived in CA.