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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32724
Experience:  Began practicing Family Law in 1992
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Can a California family court( superior court) in a divorce

Customer Question

Can a California family court( superior court) in a divorce action maintain jurisdiction over the financial matters of one of the parties to the divorce( not final at this time) who may in the future win a settlement in a feha lawsuit. Can the petitioner request the court to maintain jurisdiction in this particular matter?
Also, if both parties no longer reside in California can the court assert its jurisdiction in this matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Yes, it can if the matter is pending at the time of the divorce. Pending means a claim could be filed, not necessarily that it has been filed. A claim is considered an asset of the marriage and is therefore under the jurisdiction of the court.

Once the divorce is filed then the court retains jurisdiction over the parties and the assets until a final resolution is reached and a final order is issued.

Customer: replied 1 year ago.
How can a California court maintain jurisdiction over parties that are no longer domicile do in california
Customer: replied 1 year ago.
The divorce was filed three years ago and there has not been a final order but both parties will be moving out of state in November prior to a final decree
Customer: replied 1 year ago.
Hopefully there will be a final decree the end of this month and an monetary award is several years down the road
Expert:  JD 1992 replied 1 year ago.

Jurisdiction attaches at the beginning of the lawsuit or, in this case, the suit for divorce. Once jurisdiction attaches it continues until the case is over. Otherwise, anytime a party didn't like the way a case was going they'd just move.

Expert:  JD 1992 replied 1 year ago.

I will be on and off the computer this afternoon so it may take few minutes to get back to you if you ask a follow up. However, I will be back periodically so please be patient.

Expert:  JD 1992 replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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