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
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
