I live in California in san jose city. My wife however left the house one month ago. I have filed for a divorce petition in san jose. However before serving her, she served me the divorce which she filled in sacramento. Given the fact that she is not sacramento resident in the time of filing "three months prior to filing", can I file for motion to dismiss? If yes do I have respond to her petition or just serve her my petition.

You have to do both. You can file a response first then a motion f its denied in the response. Include copies of the papers you have already filed.

You file a motion to dismiss as your response citing a) that you filed first in the jurisdiction of her last known residence and b) that she had not established legal residence before filing.

You then server her.

Thank you very much for answering my question.
What is the right form that I should use. Is it notice to dismissal CIV 110. If yes where should I write my reasons for the dismissal

I am planing to respond to my ex wife divorce petition by the motion to dismiss for the lack of jurisdiction. However I am confused as to what are the right form. I came across notice to dismissal, CIV 110. IF this is the right form where should I write my reasons for dismissal. By the way the case is in California state in Sacramento city.

First please don't use the comments feature for follow-up. Second, Family Court is user friendly. Its not as formal as Civil court. The CIV 110 is for Superior court, though you could use it. Frankly, if you are going pro se, then I would try to avoid formal forms. I would just submit a written letter:

In the case of <insert case info> I submit this motion to dismiss this case on the grounds that the plaintiff has not resided in the jurisdiction of this court for the required three months. Also because an action <insert case info> was previously in the proper jurisdiction and should take precedence.

I am planning to file enter to default for my divorce case. I just have a small question is the 30 days countdown start from the date of the service or the date of filing. It actually took me one week after I serve her the divorce papers to file the proof of service in the court.

Normally, it would be from the date of service.

I just got a response from my wife to the divorce petition I filled. She actually claimed that she is not working but I know she is. I am not sure if she is working under table. Can I obtain w court order to show her real income. She also claimed that she doesn't have a car, but I just found out that she bought a car last month. Can the court help me reveal her assets or no.

Yes - but it depends on where you are. The Court can and will help you discover assets and income.

Thank you for responding. Actually the court in California. Do you know what form I should fill with the court

Have you done interogacies yet? Have you asked for specific discoveries?

You need to go through that process first before going to the courts for further legal action so you have a specific path to go with. After that you can use the courts power of sopena to get the specifics but usually you need to ask first then sopena if no response or lacking in response.

Thank you for delivering me the information. I just checked the form I need for interogacis which is form fl 145. However the specific documents I need which is bank statement is not listed in the questions option. Should I file for subpoena

Comment on califdadof3's post

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Thank you for delivering me the information. I just checked the form I need for interogacis which is form fl 145. However the specific documents I need which is bank statement is not listed in the questions option. Should I file for subpoena


No you can request them from opposing party first. The motion you would file is motion for discovery after other measures fail when needed.


1) you ask for something and wait.

2) you either receive it or you don't and go to next step.

3) you ask for the document from an institution by power of sopena and through motion of discovery. That is where you explain yourslef.

Thank you for delivering me the information. I just checked the form I need for interogacis which is form fl 145. However the specific documents I need which is bank statement is not listed in the questions option. Should I file for subpoena

Would you please post the link from which you got this form fl 145? If "bank statement" is not listed, perhaps you should write it in. If this form is sent to the other party and you don't get the information you want, you probably need to file for an order to compel her to supply the information. A subpoena will probably be ignored too, but whether this step is required depends on the requirements of your specific court. If you will give me the link I can better determine the answer.

Thanks for answering. The link I obtained the form is as followed.
WWW.courtinfo.ca.gov/forms/documents/fl145.pdf

Use FL-142 as well as FL-145. Lines 5 & 6 of FL-142 ask for the information you want.

These are merely, I believe, example discovery forms. You can probably tailor them to your needs.

Thanks again for your reply. What you think. Should I send a request for production also or just wait for her reply

Send both now. You may have follow-up questions depending on what answers you receive to your first round of discovery. Your local rules may limit how much follow-up you are allowed.

I have filled for dissolution in ca, and my ex wife filed a response. However, when I did a background check in her homecountry it turns out that she has a history of psycholigical illness. Which I was not aware of. Now I want to amend my petition to nullify. How can I do that. Our first family conference date is In a month and half.

Nullify based on what? Just proceed with the divorce and get it over with.

Nullity based on fraud. She was insane man. That is what I found out

How long did you date before you asked her to marry you? The courts will ask and if its anything over 24hrs then you won't have a leg to stand on.
Was this in Vegas ?

It was arranged marriage. It wasn't in Vegas. Lool

Then if it were arranged then the other party could be responsible for damages. But at this point insanity isn't really a pleas unless they are already committed to a mental institution.

You see I am not going to file for nullify based on insanity but rather based on fraud. U see what constitute a fraud is intentionally hiding information from the other party like criminal or medical record. To be honest that was the reason I am diverting her. One day she woke me up in the middle of night screaming and yelling. However I just obtained her medical record right now.

When you enter into a marriage contract you don't enter into a perfect world. As an adult you are expected to be cautious. Since this was an arranged marriage have you spoken to those who arranged it and asked them why they hadn't said anything?

If you paid for a service. Like a russian wife then you may have a dispute against the agency. But declaring fraud is going to be hard to prove. Many people have mental problems of some kind.

Did you ask her before the marriage about her history ?

Well let me see. Did you ask your husband or wife if she happen to be crazy or have a psychological illness before the marriage. To me this an awkward question to ask. Beside we have been married only for one year and it's not a long time.

Then if that is the case. Just divorce her. Calif is a no fault state. So you don't have to show fault to get a divorce. So file and 6 months from now it will be approved.

I have a rental furniture in my house. Do I have to divide them up during my divorce.

I have a rental furniture in my house. Do I have to divide them up during my divorce.

No. Just tell the rental company you will be ending the rental agreement upon the effective date of the divorce, then re-renting the furniture post-divorce, and that they don't even have to bother picking up the furniture and bringing it back to you.

I made a mistake in form Fl 150 stating that I am making ##$ in each week which should have been in each 2 weeks. What form do I need to use to amend the expense and income declaration. The court is in ca.

The Court should catch the error when it reviews your payroll info (which was attached). Call the Court and ask. I find no amendment forms on line.

I note you have opened a number of threads about this divorce. I think they should be combined.

Maybe if you had asked the "awkward question" you wouldn't be in the position you are in today. And, yes, I asked my husband if he had any health issues.

First, I have merged all your threads. Any further questions relating to your divorce should be added to this thread.

Second, you have been asked NOT to use the Comments feature for followups. Please use the Answer options at the bottom of the page to post additional questions or info.

As noted CA is a no fault divorce state. You do not need any reasons for processing the divorce. You may want to use the fraud issue to help with the division of assets. The fraud issue only comes into play in a civil action against the part that arranged the marriage. You could sue that party for the costs and expenses involved in getting your divorce.

I am posting this question again because my question got deleted. I made a mistake in fl 150 form how can I amend the form.

Your question wasn't deleted - I answered it and I can see it. I see no form to amend. You need to contact the Court and ask for advice. They should catch the error because you attached wage info to the original form.

I also am a little confused. You said yours was an arranged marriage. You also said you did not question her health. When a marriage is arranged could you refuse to marry that person... or is it arranged by parents and you must marry the person?