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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1401
Experience:  Family Law Attorney in Private Law Firm
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I am currently working on the paperwork to file divorce. I

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I am currently working on the paperwork to file divorce. I had sent the paperwork to my ex but he's asking for changes which I will agree to and make but I have a question and I hope you can help me.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I'm filing a divorce in California, Stanislaus County. We have agreed to no contest and have agreed on child support for our 16 year old son. My concern is that I moved to Oregon to stay with friend and I know in California I have to be a 6 month continuous resident to file. I am a licensed insurance agent in the State of California. I will be eventually settling in Oregon or Idaho and am actively seeking employment. I don't want to have any issues with my licensure so my question is once I make these changes and send the revised paperwork to my ex it's going to be close to 30 days after I left the State of California. Is that going to be an issue??
JA: Have you talked to a lawyer about this yet?
Customer: No that's why I"m chatting as the Customer Service people were not able to answer my question.
JA: Anything else you want the lawyer to know before I connect you?
Customer: If I can't file in California (due to when I left) though I've done no change of address at this point, my mail is still going to my prior address and my landlord notice for me was June 30th, what would be required to file as an Oregon resident where I"m currently staying or should I tell my ex to file and take over the onlinedivorce.com since we've paid for the Premier Service?

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Have you lived in California six months prior to being in Oregon?

Customer: replied 4 months ago.
I've in lived in California my entire life. I was born there and left just 2 weeks ago due to infidelity on the part of my husband. I stayed months after the revelation so my 16 year old son could finish school and sought shelter with a friend until I can secure housing and work. I quit my 15 year job to try and make a better life for me and my kids closer to my family who had moved to Idaho within the last 2 years.
Customer: replied 4 months ago.
I stayed 2 months after the revelation, sorry thought I typed that.
Customer: replied 4 months ago.
I left on June 11. I have sent him the paperwork but he wanted revisions and my concern is by the time I make those revisions and the papers are available to print with mail time and the holiday next week that my actual filing date would be pushing July 11, which then I would have not lived in California for a month, though I've made no change of address and my notice to our landlords was June 30.
Customer: replied 4 months ago.
I just don't want to have perjury or fraud issues with my Insurance license

If you still have an apartment until June 30th in California and have not changed your mailing address, driver's license, etc. then you are still a resident of California and would be for the filing of the divorce action. The rule in California looks at the date of filing back.

The basis for this is that you have to meet the residency requirement and then you can do the divorce. It is not so much designed to keep people in the state, rather to make sure they have been there long enough before the case is filed.

Now that all having been said, with an agreement as you and he have, there would be no issue in his filing and you being the respondent.

Given that it is a residency requirement and you have both lived there, very very low likelihood that you would have any issues with licensing.

Customer: replied 4 months ago.
I'm the one who started the filing so I think I'm the petitioner based on the paperwork and the questions I had to complete. Any issue with that?

None that I see.

Customer: replied 4 months ago.
Ok so I'm okay to make the corrections that we've agreed on, resend him the paperwork to sign his portion and return then I sign and submit to onlinedivorce.com so they can file with the county we lived in, correct?

Yes, the only course of action I would pursue it to delay the formal "move" to Oregon as long as possible - as far as it goes with the changing of anything, but once filed the residency requirement is set and you are not required to be held hostage in a state.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Customer: replied 4 months ago.
I should not make any address changes until it has been filed with my county, correct?

Correct.

Customer: replied 4 months ago.
One last question if that's okay. We have amicablly (?) agreed to child support that he will send direct so there is no wage garnishment, etc.. as he anticipates leaving California by the fall. If he defaults on his agreement, I could still file a custody hearing for child support but where I'm living at that point, correct? Or would I file Small Claims to be able to garnish wages, taxes, etc..??
Customer: replied 4 months ago.
I don't anticipate any issues but want to know my recourse should there be

So if he were to balk on the child support issue and he had left California, if you had then "moved" to Oregon, it would fall under a law called the Uniform Child Custody Jurisdiction Enforcement Act. This is a model law that all states have enacted. In summary, it sets up a determination of a child's home state. If you were to "move" to Oregon, 180 days (6 months) after the move, Oregon would become the home state and you could then seek to have an Oregon Family Court address child support, custody and other child related issues. Prior to that it would be California.

Customer: replied 4 months ago.
Ok so if he happens to default then I would go back to the original court and file for wage garnishment, basically, correct?

If it was 0-6 months, original California Court. Post 6 months following a "move," Oregon Court.

Customer: replied 4 months ago.
Got it, so if he defaults in the first 6 months back to Cali. If he defaults after that the state I'm residing in.
Last quesiton, after I've received the paperwork back from him and sent to onlinedivorce.com when can I put in my forwarding address? I anticipate getting a PO Box at least for 3 months for my mail to come? Also will need to transfer Drivers License, car registrations, banking, insurance, etc.. When is it safe for me to do this to not create any issues?

You are probably good doing it anytime following the filing, but 30 days is a good period to wait as it allows for a good transition.

Customer: replied 4 months ago.
Ok so if I turn the paperwork into onlinedivorce.com say July 3rd - better to wait until August 3rd? Could I do a forward of mail to a friends address in my California town and not change anything else in the mean time?

That sounds completely fine and I see no problems with that.

Customer: replied 4 months ago.
Okay perfect thank you for all your help Sean, I appreciate it. Not something I had planned to do and dealing with it today of all days, my birthday but need to get it done. Have a great rest of your day!

Well go have a happy remainder of your birthday and please let me know if you have other questions. And thank you!

Sean K and 3 other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Thanks

Of course and thank you.