Moreno Valley, CA asked in Divorce and Family Law for California

Q: I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.

She filed in Riverside CA but just moved there. Can I ask for an RFO TO QUASH PROCEEDINGS FOR LCK OF JURISDICTION

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1 Lawyer Answer

Andy Cook

PREMIUM
Answered
  • San Diego, CA
  • Licensed in California

A: The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this, however, is to file a request for legal separation, which has no residency requirement other than current residency. Then, when the residency requirement is met in the future, she can amend her petition from legal separation to divorce.

If you move to quash, you are doing so on jurisdictional grounds. There may also be a way to challenge Riverside County on venue grounds, which is a different issue but one that might make more sense depending on the facts.

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