divorce

[Cmessbrown]

I moved from Salt Lake, Utah to Bakersfield, CA in March. Im May my husband asked for a divorce and I went and seen a lawyer and was told I couldn't be helped because I was not 6 month resident of California. I work construction and move alot from state to state. My husband has gotten into trouble with the law and if he goes to jail, I can not keep up on both of the bills. What can I do to protect myself and my credit? How do I go about getting a divorce if I am not in one place or 1 state long enough?

 

[I AM ALWAYS LIABLE]

I moved from Salt Lake, Utah to Bakersfield, CA in March. Im May my husband asked for a divorce and I went and seen a lawyer and was told I couldn't be helped because I was not 6 month resident of California. I work construction and move alot from state to state. My husband has gotten into trouble with the law and if he goes to jail, I can not keep up on both of the bills. What can I do to protect myself and my credit? How do I go about getting a divorce if I am not in one place or 1 state long enough?

My response:

You've got to make a choice - - stay in the State for the required length of time, or stay married. There is no durational residency requirement for legal separation and nullity actions. If neither party can comply with the residency requirements for dissolution actions, a petition for legal separation can be filed and later amended to request a judgment of dissolution after one party satisfies the residence requirement. The date of the filing of the amended petition or pleading is deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes of the residence requirements of Fam C §2320. [Fam C §2321(a)]

I would be very surprised if the attorneys you consulted didn't mention this alternative to you. By legally separating, your credit would be protected.

IAAL