Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Wife lives in Vista, Ca and filed for dissolution in North

County San Diego, CA....
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.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 47 minutes by:
10/19/2013
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,388
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Verified

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)).

-

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

Ask Your Own Family Law Question
Customer reply replied 4 years 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.)

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
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,388
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Verified
Legalease and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My partner put a temporary restraining order on my soon to
My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don't have a lawyer I had an adulterous affair. What is my rights? Can I plead t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
In 2013 my ex-wife refused to obey a restraining order and
In 2013 my ex-wife refused to obey a restraining order and was in violation. The Guardian Ad Litem and the Visitation center both wrote letters indicating that my ex-wife was not in compliance of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I have a restraining order against my ex husband. These
I have a restraining order against my ex husband. These orders come with monitored visitation. 2 hours on Wednesdays and 4 hours on Saturdays and he is allow a minimum of 2 FaceTime calls per week. He… read more
Sue
Sue
Juris Doctorate
250 satisfied customers
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the pros and cons of a civil restraint agreement versus a restraining order in New Jersey. Specifically, how they relate to background checks, t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
I am the responded of a restraining order, the petitioner
I am the responded of a restraining order, the petitioner frequently violates the order by calling, texting, and showing up at my house. I have legal full custody of our mutual children and I want to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
250 satisfied customers
My boyfriends x got a restraining order on him with the
My boyfriends x got a restraining order on him with the bases she was pregant. She lied on the info we gave the judge. We got the restraing dropped because she sent fake ultra sound. My boyfriend and … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Is it a waste of time appealing a restraining order Renewal
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
In CA Divorce how can a restraining order stop my husband
In CA Divorce how can a restraining order stop my husband from selling his property , what form would I need? divorce case the court has jurisdiction, then you ask for an order preventing him from sel… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x