San Diego Divorce

“Family court” refers to the activities of superior court handling domestic relation actions. The following actions occur in family court:

• marital or domestic partnership status
• custody of marital children
• child support matters
• property disputes
• attorney fee and cost awards
• restraining orders
• paternity

In which court do I file for divorce?

Jurisdiction is the courts power to resolve the matter before it.  The court must have subject matter jurisdiction (power over the subject matter) and personal jurisdiction (power over the people).

Residency Requirements

California requires that the petitioner or respondent in a dissolution live in the state for 6 months and the county for the past 3 months.

Personal Jurisdiction

When property rights are involved in a dissolution, personal jurisdiction requirements must be satisfied. When you ask the court to decide financial issues concerning your husband or wife, he or she must have the requisite connection to California. To illustrate, it would be unfair for a court in a state you have never visited to apply its laws in deciding how to divide your property. Several ways to satisfy personal jurisdiction include:

• Physical presence when served the petition and summons
• Domicile in the state
• Consent to jurisdiction
• Minimum contacts with CA

Venue

One of the parties must have resided in the County for three months immediately preceding the commencement of the action.

Requirement of Notice to Spouse

Parties must provide notice of the proceedings as required by law. The petitioner who files for divorce usually notifies the respondent by serving the Summons (FL-110). Various actions throughout the case also require notice to the other party.

Problem of Filing in Multiple States

Sometimes more than one court may have jurisdiction to hear the case. A spouse living outside California may acquire jurisdiction to file for divorce in their home state. Usually, the first petition served will determine where the divorce will occur.

Conflicting Superior Court Departments

Superior court is divided in departments such as family, juvenile, and probate. The department to first exercise jurisdiction has exclusive jurisdiction until the matter is finally disposed of. When a family matter is pending, no other superior court department will act to interfere with the family court.