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Can spouse file in county that he just moved to not even a month ago?

Chico, CA |

I just been served divorce/ custody papers from a mutual friend of spouse and I. In which he hasn't lived in the county where he filed for more than three weeks now but wasn't a resident yet on the date he filed papers.

Attorney Answers 3


A party must have lived in the county for 3 months prior to filing for a divorce; you are entitled to change the venue or file your own action in the county in which you reside so long as you meet the jurisdictional requirements. The process is somewhat complicated and you would need to hire an attorney to make the proper motion to the court though. I am including links below which may be of some help. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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I am sorry that you are going throught his. Most often jursdiction in foreign country requires residency of at least 3 months and attorney Norton gave you a great answer. take care please follow her wondeful advice.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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If it is a divorce, no, you need here months in the county. You can file a motion with the court to quash service and dismiss the case on the ground of lack of jurisdiction. If it is a legal separation (same form), that can be filed without the three months, and, if you do nothing, could be amended after the three month period has passed. however, don't ignore the filing and service. You need to do something with the court, in a timely manner. please consult with an attorney.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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