I have a friend that is in need of filing for divorce. She is in TEXAS but her hubby is in CALIFORNIA. She wants to know if she can file in Cali since husband works out of Cali. She has been cut off completely and something needs to be done very soon. Can she file in Cali? They pay taxes there and he has been there for several years now.
She can file wherever she lives as long as she's lived there for at least 6 months (i think that's the time). That way, court will be in her area and she won't be having to fly all over the country to get it done. He will.
A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.
For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions.
ok so basically she can file as long as one of them lived in Cali right. She wants to do this without having to relocate.
she can file where she LIVES to make it convenient for HER. She doesn't have to file where HE lives and make it convenient for him. As long as she's lived where she's lived for at least 6 months. Not sure which state she'd do better in as far as property division.
As far as property... they've already lost that. But the monies would be better in Cali.
She wants to file in Cali for that reason w/o having to relocate. And switch her kids and belonging and pets the works to Cali. Hubby has already cut her off but he has a lease (because of work) and she does have a place to stay if she were to move out there.
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