Help!

[MrsLovely]

What is the name of your state? California

I am trying to help my son with his divorce, in other words paying the bills and doing the footwork, he can't drive and lives in the mountains. my problem is that in Dec 2004 we filed the Divorce paperwork at the courthouse in Big Bear Ca. we have been trying to find his wife to serve her the papers, but she moved and didn't tell him where, they also have a daughter who is 5 years old, and she just decided one day that he wasn't going to see her anymore, no reason, she just stopped having any contact with us, she would not return our phone calls, home or cell phone, would not answer the door when we went there. my problem is that we finally found her address, I went to the apartment complex in Orange County to serve her, she spotted us, and she took off and didn't come back, we waited for 5 hours. ok, so then today my son was served with divorce papers from Orange county, dated Feb 10, 2005, and her address isn't even on the documents, which shows she is hiding, my son told her where he was working because he said he wasn't trying to hide from anyone. So what paperwork is the legal one, ours dated in Dec. 2004 or hers dated Feb 2005?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I am trying to help my son with his divorce, in other words paying the bills and doing the footwork, he can't drive and lives in the mountains. my problem is that in Dec 2004 we filed the Divorce paperwork at the courthouse in Big Bear Ca. we have been trying to find his wife to serve her the papers, but she moved and didn't tell him where, they also have a daughter who is 5 years old, and she just decided one day that he wasn't going to see her anymore, no reason, she just stopped having any contact with us, she would not return our phone calls, home or cell phone, would not answer the door when we went there. my problem is that we finally found her address, I went to the apartment complex in Orange County to serve her, she spotted us, and she took off and didn't come back, we waited for 5 hours. ok, so then today my son was served with divorce papers from Orange county, dated Feb 10, 2005, and her address isn't even on the documents, which shows she is hiding, my son told her where he was working because he said he wasn't trying to hide from anyone. So what paperwork is the legal one, ours dated in Dec. 2004 or hers dated Feb 2005?

My response:

Your son's papers. However, the Orange County court doesn't know it, so you have to file a Motion to Dismiss in the OC Courthouse. The Big Bear court has "first-in-time jurisdiction."

IAAL

 

[MrsLovely]

That is what I thought but, there is something else, his daughter and wife have lived in Orange County for a very long time, and that the divorce paperwork should have really been filed in Orange County. The only reason we filed in Big Bear is because of my sons residence is there and more convenient, and she has told him that she won't go that far to court. someone told us that she could file for a change in venue, is that true?

 

[I AM ALWAYS LIABLE]

That is what I thought but, there is something else, his daughter and wife have lived in Orange County for a very long time, and that the divorce paperwork should have really been filed in Orange County.

MY RESPONSE: I don't care HOW LONG they've lived in Orange County. All the State, and the Court in Big Bear, cares about is that your son has lived in HIS county for 3 months before filing.



The only reason we filed in Big Bear is because of my sons residence is there and more convenient, and she has told him that she won't go that far to court.

MY RESPONSE: You know, that really breaks my heart. Then she should have filed first on her "home turf" - - but, she didn't. Good, your son should hope she won't appear in Big Bear. Then he can take her Default!



someone told us that she could file for a change in venue, is that true?

MY RESPONSE: False. Venue is proper in Big Bear. Remember, "First-in-time jurisdiction."

IAAL

 

[MrsLovely]

Thank You sooooooooo much for the info, I will be able to sleep tonight, I have been very upset about all this mess.