My husband filed divorce in Arizona and currently I live in CA with my two kids. His allegation is knowingly false.

Asked almost 2 years ago - Pasadena, CA

My question is what is better for me... to have the case dismiss in AZ (due to lack of jurisdition of my children) and I file divorce in CA or move forward with the divorce in AZ? Should I have a lawyer represent me in Arizona or CA? Someone told me that if I hire a lawyer in AZ, I may wasting my money because the kids is living with me in CA and my case may be dismiss. Also, you think I can have all the attorney fees be paid by him I caught him cheating on me. He has been living with another woman all this time while I am in CA taking care of my kids and mother. Please give me advices...

Attorney answers (3)

  1. Richard Forrest Gould-Saltman

    Contributor Level 20

    3

    Lawyers agree

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    Answered . 1. HIs cheating has no effect on the outcome of the case in California, and has, I suspect, little effect in Arizona.
    2. He probably won't be ordered to pay all of your attorney fees, but he may be ordered to pay most of them, if he makes more than you do.
    3. If you and the children have lived in California for the last six months, then Arizona almost certainly does NOT have jurisdiction over child custody issues.

    You need to speak to an experienced family law attorney in California.

  2. Sanjay Augustine Paul

    Contributor Level 10

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . I agree with Mr. Gould Saltman. File your case in California. California is a "no fault" state, meaning that it doesn't matter what the reason for the divorce is; there is no fault assigned to either party. You may have some of your attorney fees paid, but you will have to pay your attorney first and hope to get reimbursed from your husband through the court.

    You should seek an in-depth consultation with a lawyer however as there is a lot going on in your case that cannot be addressed adequately on this forum.

    Best of luck,

    -Sanjay Paul, Esq.
    (626) 993-6725
    www.pasadenadivorcelawyer.net

    This is not legal advice. No attorney client relationship exists between us.
  3. Erik Wayland Newton

    Pro

    Contributor Level 7

    Answered . I suggest you schedule consultations with a California family law attorney and with an Arizona family law attorney so that you can compare. You may be able to get free consultations on the phone. If not, just pay for an hour of each attorney's time. You want to get started on the right foot, especially since your kids are involved.

    Here's a link to a blog article another attorney in my office wrote as a child custody primer. Hope this helps get you started:

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

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