Salt Lake City, UT asked in Divorce for California

Q: what form and how do i file a motion to dismiss a divorce on lack of jurisdiction?

my wife and son were staying temporarily in California for their safety while our home was being remediated/ renovated. while out in California she decided to file for residency for both her and our son, without my knowledge or consent, and then file for divorce. it was stated and agreed upon prior to the stay that it was in fact temporary and that they would be returning to our home state of Utah as soon as the work was done. I need to know how and what to file to get this 1.divorce thrown out and 2. get my child back in our home state as my wife has made it nearly impossible to even make arrangements to go down and see him.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear you are having this problem, but you really need to hire an attorney where this case is pending to properly represent you. There is no form contesting residency of the petitioner in a dissolution proceeding in California, it has to be specially written. You need an attorney to assist you. Look here on Justia for one where the case is pending.

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