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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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IF a divorce is filed in California by the spouse of a military

Resolved Question:

IF a divorce is filed in California by the spouse of a military memeber and both parties move out of state to two different states before finalizing the divorce, is there a law that states, after a lapse of time after filing, the petition to divorce in California is null and void and one or both parties must re-file in the state in which they live and start the process over?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Jurisdiction is generally established upon the date of filing - not after. Thus, the Ca. court would still have jurisdiction. However, you could file a petition to transfer the case from California to Kansas based on the fact that you and your spouse no longer reside in California. The judge should sign off on this and transfer the case.

 

There is also a possibility that the case would be dismissed if there is no action in a year's time. The regularity or the possibility of this happening depends on the court clerk - some are very adamant about dismissing cases without activity while others allow cases to sit stagnant for a long period of time.

 

If the case is inactive for more than 12 months, the court clerk can issue a dismissal of the case, but you would receive a notice of that if the clerk does this. If you want to check to see whether this has been or will be done, you can contact the court clerk's office and ask if the clerk plans to do this.

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