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Do I file separation or divorce in California or Colorado? I lived with my husband in CO, but my son and I have been in CA since
Anonymous5 views4 answers
I left Colorado with my 2 1/2 year old vision impaired son who was adopted and finalized in court August 21, 2014. We came to California August of 2015 to stay with my daughter who is a special needs teacher after my husband abused us, my son the night before we left. Caleb had marks on his buttocks and I have had 12 weeks of physical therapy for my left hip rotated back and 2 herniated discs.
First let's deal with the abuse. If you have photos of the injuries I would suggest you file for a restraining order here in Fresno. Note he will have to be personally served.
As for the divorce and custody. If the child has been in California for 6 months or more the UCCJEA says California has jurisdiction and you should file here. You can also file for separation here in Fresno if you have resided in the County for the last 3 motnhs and in the State for the last 6 months.
Contact an attorney in your area, many such as myself, opffer free consultations.
To file for divorce in California, you must have lived in this state for at least 6 months and in the county where you file for at least the prior 3 months, so you can file for divorce in California. Your husband, on the other hand, can file for divorce in Colorado. If you each file in your own states, the courts have to decide which divorce case should proceed, and the person who had the other spouse properly served first will generally win on that issue. It's true that if your child has not lived in Colorado for the past six months, your custody/visitation issues should be held in California as this state has what is called "UCCJEA" jurisdiction. It is generally in your best interest to have your case filed here and served upon him before he tries to open a case in Colorado due to the expense and inconvenience of litigating in a different state. If you do not plan to hire an attorney, you will want to educate yourself about the process as much as possible. A good place to start is the Family Law Facilitator's Office at your local court. They likely have a "divorce" class each week that will educate you about the basic laws, procedures, and forms necessary to proceed. Even if you wish to hire an attorney, it's a good idea to educate yourself so you can better understand what is happening in your case.
