| evafla |
| (recently joined) |
| 08/27/07 11:02 PM |
to move the case to another state
|
Hello All;
I have been living in California.
In year 2000, for short time I had an address in
New Mexico.
My ex worked abroad, he still does.
My divorce, based on mutual agreement, was filed and ruled in New Mexico.
Right after divorce I moved back to California .
In 2005 my ex, from abroad , started the case of modification of divorce agreement.
Case was in New Mexico, lasted 2 years, I lost everything.
I am about to file appealing .
My question;
Am I going to be able after appealing, transfer the case of divorce to California, and start the new action against my husband under California jurisdiction ?
Does the appealing has anything to do with it ?
Am I stuck forever in New Mexico or not ?
I am posting this on lawyers issues branch, because I ask
4 lawyers and no straight forward cut answer.
I also would like to add, that my main motivation to do appealing, is the hope for a chance to escape from New Mexico jurisdiction.
Please help me , thanks
e
| googledad |
| (Carpal \'Tunnel) |
| 08/28/07 10:14 PM |
|
Re: to move the case to another state
|
[quote]Hello All;
I have been living in California.
In year 2000, for short time I had an address in
New Mexico.
My ex worked abroad, he still does.
My divorce, based on mutual agreement, was filed and ruled in New Mexico.
Right after divorce I moved back to California .
In 2005 my ex, from abroad , started the case of modification of divorce agreement.
Case was in New Mexico, lasted 2 years, I lost everything.
I am about to file appealing .
My question;
Am I going to be able after appealing, transfer the case of divorce to California, and start the new action against my husband under California jurisdiction ?
>>>>>>>>>>>>> Absolutely not , the divorce was heard in NM and NM has jurisdiction . You are already divorced , you can't file in CA .
Does the appealing has anything to do with it ?
>>>>>>>>>>>> Yup , the appeal needs to be heard in the state that has jurisdiction .
Am I stuck forever in New Mexico or not ?
>>>>>>>>>>> For the divorce ? Yes .
I am posting this on lawyers issues branch, because I ask
4 lawyers and no straight forward cut answer.
>>>>>>>>>>>> There's never a straightforward answer with attorneys .
I also would like to add, that my main motivation to do appealing, is the hope for a chance to escape from New Mexico jurisdiction.
>>>>>>>>>>>>> Not gonna happen .