When a divorce matter requires legal intervention, the very first question is: what court has jurisdiction over the case? This issue must be answered first and determining jurisdiction in family law cases such as divorce can be complicated.
The question of jurisdiction is particularly important in cases where spouses no longer live in the same state or even more when they relocated with children in a different country. Each state has its own laws regarding divorce and custody. Other countries handle differently different divorces and child custody issues.
If your spouse no longer lives in California, the regulations in their new state may differ significantly from those to which you are subject. Determining which state has jurisdiction will shape the outcome of your divorce and most importantly of your child custody case.
Every state has specific residency requirements that dictate whether a specific person falls within local jurisdiction for divorce proceedings. In California, a person must:
(A) Have lived in California as their primary domicile for at least the past six months; AND
(B) Have lived in a specific county as their primary domicile for at least the past three months.
If they meet both criteria, they are eligible to file for divorce in their local county court, regardless of where their spouse lives.
If a couple has no children and no interest in spousal support, this is all that is necessary for a divorce across state lines to proceed. The assets will be divided according to the laws of the state in which the petition for dissolution of marriage was first filed.
Spousal support adds an additional complication. In this case, the court must exercise personal authority over the nonresident spouse. California has a “long-arm” statute permitting the state to authorize action against nonresidents. This statute states that its court “may exercise jurisdiction on any basis not inconsistent with the Constitution of California or the United States.”
As long as your spouse responds to your divorce settlement, they have likely made a general appearance and are subject to personal jurisdiction.
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