We used to live in CA but moved to another state. Since our property is in CA and the CA's property division rule is more favorable but I didn't meet the residency requirement, I'm thinking to file a legal separation to CA. What happens if my spouse object and files for a divorce in the other state? When the jurisdictional fight happens, is there a way to keep the legal separation case in CA or is it more likely to be taken over by the jurisdiction my spouse filed?
Filing legal separation is not a cure for lack of personal jurisdiction. It may circumvent the 6 month residency requirements, but all other requirements need to be met to bring the action in California.
Further, if you spouse objects, then you cannot get a judgment of legal separation. See, Cal. Family Code 2345.
You can't file here. Your legal separation in another state can still dispose of the property matters under what is called quasi-community property division.
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