Susan from California asked, "Can I file for divorce in California if my husband lives in New York? Or, do I have to file in New York?" The answer is that there's no easy and straightforward answer. Maybe yes, maybe no and maybe in both. It just depends upon the facts of Susan's situation, the laws of California and the laws of New York. It revolves around the questions of which state has jurisdiction to enter an enforceable order that handles each legal issue involved in the divorce and which state has proper venue if both states could have jurisdiction.
Jurisdiction is the power and authority that a court or a judge has to hear and determine a particular type of case and issue. Personal (in personam) jurisdiction and subject matter (in rem) jurisdiction are the two types that most frequently come up in an interstate divorce...
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For more information, contact the Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/