Can i reinstate my divorce case that I dismissed?

Asked 11 months ago - Phoenix, AZ

I got caught up in a jurisdiction nightmare when my wife forum shopped in california to snag custody and no visitation orders. I never made genral appearance in CA court for that BS hearing. She was in CA on vacation and filed for it 12 days after being there. anyways we lived in AZ for the prior 2 1/2 years prior. I filed for dissolution of marriage in AZ 1 month later. She answered and gave AZ jurisdiction. I couldnt anything done because I got into a massive car wreck. A stupid early management judge biffed and declined jurisdiction by accident. I came to CA to file a set aside and commence a UCCJEA conf, her judge actually saw the huge defective error in my motion and gave me his card to give my AZ judge. They conffered CA was not home state,.

Attorney answers (2)

  1. Jessica M Cotter

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . This issue is complicated. I would need to see everything that has been filed and I would need a California order showing that the case is dismissed there and they do not have jurisdiction. I can not give a clear answer until I see what has happened in the case. I would consult with an experienced family law attorney in your area.

  2. Brian Mathew Strickman

    Contributor Level 8

    Answered . Beyond the issues you mentioned, you do refer to a UCCJEA conference, so I would imagine there are child custody issues. Where the children are located will greatly impact the appropriate jurisdiction. A full review of the orders issued in CA and in AZ are necessary to answer your question. If jurisdiction is proper here then you could re-file ;however, with the information provided it is impossible to accurately answer your question.

    This answer is provided as a public service and is not offered as legal advice, nor does an attorney client... more

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