San Francisco, CA asked in Divorce for California

Q: Is it better for wife to get a divorce in KSor CA? 1 child living in Kansas with Dad. Mom living in CA alone.

Child will continue to live with father. Both husband and wife are employed. It is an agreeable divorce looking at mediation. In terms of alimony and child support, which state laws will benefit me more?

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: You will need to consult with both a California attorney and a Kansas attorney to determine what your rights are given your specific situation, and then make a choice for yourself which you believe will be in your best interests.

You can find many attorneys in the San Francisco Bay Area who can provide you a consultation.

The issue you're going to run into is jurisdiction. There is a law that states that only one state gets to make child custody orders: the state where the children have lived for the past six months. So if that state is California, then it doesn't matter how good the laws in Kansas may be, you won't be able to file there. You'd have to move, wait six months, then file. This could set off a whole host of other issues, e.g. if your spouse did not agree that you could move the children to another state, you've likely set off some litigation to bring the kids back.

So... consult with a CA and a KS attorney. But remember you have to file where the children reside, so the answer may be moot.

Good luck.

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