how to transfer court hearing to another state

Posted by: Alta Clara

how to transfer court hearing to another state - 11/04/17 12:12 AM

greetings everyone!

so, long story short. husband moved son (16) and me to california from virginia. husband abandoned us in california by staying in virginia, emptied bank accounts and dating new girlfriend. i filed separation shortly thereafter, but also texted some "mean" things (non-threatening, just angry) to my husband, who filed a TRO on me 2600 miles away because "he felt threatened" (i know, boo hoo). son wanted to move back to virginia because the whole mess traumatized him, which he did. I followed shortly thereafter. We have a child custody hearing in December. husband first, with our son, then me a month later. How do I quickly transfer file to virginia since we are all here? i have a new lawyer here in va, but va law diff from Ca. my lawyer in CA was TERRIBLE!!! completely incompetent and ill prepared for every court appearance, which i appeared but husband never did. advice please???
Posted by: MinnesotaMom

Re: how to transfer court hearing to another state - 11/06/17 03:23 AM

How long did you live in CA and how long have you been back in VA?
Posted by: TJMH

Re: how to transfer court hearing to another state - 11/06/17 09:11 PM

I don't know if you can "transfer" a divorce case from one state to another. I expect the simplest thing to do would be to request to have your CA case dismissed and re-file in VA.

As MM alluded you'll have to meet the VA residency requirement, which I think is that one of the spouses (not both, and I think not necessarily the party filing) must have been a VA resident for at least 6 months. So if your husband never left VA you should be good to go.

That said, it might be worth doing a little research on VA and CA divorce laws, especially in the areas of divorce grounds, requirements for separation, property division, child custody, child support and alimony, so see how they might impact your case.