Q: is there a way to void a divorce in California based on jurisdiction reasons.
A: Depends on what you mean by "void" the divorce and what you mean by "divorce", i.e. has judgment already been entered or is this a matter that is still pending? I recommend you speak with a lawyer directly rather than using this Q&A forum to get the information you are seeking. Feel free to call my office if you'd like.
A:
No court can enter any orders or judgment affecting the marital status of parties unless it has jurisdiction over them. A second question is: "Who is objecting- do they have standing?" Meaning, was the person who is objecting a party to the original proceeding? As in the original H or W. Then you have to ask "Did the objector consent to jurisdiction?" Even so, you cannot confer jurisdiction on a court that does not have it in the first place. Jurisdiction in Family Law usually happens through residency, which requires that you reside here for a period of time. If you come to California to visit and file a divorce action here, then go back to Utah, you have not resided here. No jurisdiction. You need to take all the papers to a Family Law attorney for a consultation.
Justia disclaimers below, incorporated herein.
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.
