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Legalease
Legalease, Lawyer
Category: Family Law
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Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Wife lives in Vista, Ca and filed for dissolution in North

Resolved Question:

Wife lives in Vista, Ca and filed for dissolution in North County San Diego, CA. A hearing is set for November. Husband lives in San Diego, CA and wants to file for dissolution in San Diego (South County of San Diego, CA).

Husband has not been served. If Husband files in San Diego and serves Wife first will case be heard in San Diego and not Vista.

There are prior DV restraining orders that were filed in Vista but which have been dismissed. Husband lived in Vista for (3) years and has a daughter who lives in Vista with Wife. Husband now lives in San Diego and has for (2) months.

Husband is restricted to a wheel chair and needs transportation to get to Vista for court.

Issues are support and custody/visitation.
Submitted: 9 months ago.
Category: Family Law
Expert:  Legalease replied 9 months ago.

Hello there -

-

Unfortunately, because the wife already has a hearing date set in Vista, the court that will most likely end up with jurisdiction over this divorce case, for a number of reasons, is Vista. Because the marital residence was in Vista and the husband has only lived outside of that court's jurisdiction for 2 months, the most obvious and natural place for the divorce proceedings to take place are in the Vista family court unless the husband was able to get into the San Diego court and get the matter filed and a court date is assigned that is a date which is BEFORE the hearing that is already scheduled by the court in Vista county. And, even if the San Diego initial court hearing is scheduled for an earlier date than Vista, the ex wife can simply appear and provide proof to the court in San Diego that (a) Vista was the marital residence and ex husband only moved from there a few months ago (the San Diego court would seek to hear the case of a resident if that resident had lived in the county for more than 6 months -- here it was just 2 months), and (b) that she made her filings with the Vista court on an earlier date than the ex husband (service of the court process/papers has nothing to do with whether or not a court will have jurisdiction over a matter) and the court in San Diego county will decline to hear the case and will refer the case back to the Vista court. So, under the circumstances you describe, the Vista court will be the court that handles the divorce proceedings (regarding the disability issues -- the Vista court will have some sympathy to his issues and will most likely offer to make some accomodations for him such as scheduling the hearings for telephone access rather than physical presence or permitting the hearings to take place at a time of day that is convenient to him for transport issues -- he should make any requests at the clerk's office as soon as practical after the start of the case in Vista court (the more time they have to accomodate his needs the more likely they can be met)).

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I hope that helps. Please let me know what additional questions you have regarding visitation and child support and I am happy to answer them for you on this thread as follow up questions even after you press a positive rating below so that I will be paid for my time. Please press the 3rd, 4th or 5th smile face below (positive ratings) so I will be paid for my time - your question does not close and i will answer any additional questions immediately upon notification by this site that a response box has been posted after pressing the positive rating below.

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THANK YOU VERY MUCH

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MARY

Customer: replied 9 months ago.


That is very helpful. Additionally, can Husband file a response and companion matter before he is actually served by wife. (Husband knows about the filing he just has not been served yet.)

Expert:  Legalease replied 9 months ago.

Hello again Ronald --

-

Yes, the husband can file a response to the filing with the court clerk's office before he is served by the wife -- it is the same thing as if he willingly accepted service in hand from her. He must also send his ex a copy of the filing that he makes in the court and in the cover letter he can simply state that he willingly accepts service of the divorce paperwork and she can send copies of it through the mail to his mailing address of XXXXXX. That is sufficient to start the case, answer the original claims she made and then get the case moving on toward the next hearing and a resolution of all of these matters.

-

I hope that helps. Please let me know what additional questions you have regarding visitation and child support and I am happy to answer them for you on this thread as follow up questions even after you press a positive rating below so that I will be paid for my time. Please press the 3rd, 4th or 5th smile face below (positive ratings) so I will be paid for my time - your question does not close and i will answer any additional questions immediately upon notification by this site that a response box has been posted after pressing the positive rating below.

-

THANK YOU VERY MUCH

-

MARY

Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14454
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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