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NAlkhawlani13 · Dec 17, 2010, 11:07 PM

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.

cdad · Dec 18, 2010, 05:38 AM

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.

ScottGem · Dec 18, 2010, 05:56 AM

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.

NAlkhawlani13 · Dec 18, 2010, 02:11 PM

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

NAlkhawlani13 · Dec 18, 2010, 02:17 PM

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.

ScottGem · Dec 18, 2010, 05:23 PM

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.

NAlkhawlani13 · Feb 1, 2011, 06:09 PM

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.

AK lawyer · Feb 1, 2011, 06:19 PM

Normally, it would be from the date of service.

NAlkhawlani13 · Feb 4, 2011, 06:01 PM

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.

JudyKayTee · Feb 4, 2011, 06:10 PM

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

NAlkhawlani13 · Feb 4, 2011, 07:42 PM

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

cdad · Feb 4, 2011, 07:48 PM

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.

NAlkhawlani13 · Feb 4, 2011, 09:50 PM

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

cdad · Feb 5, 2011, 05:34 AM

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.

AK lawyer · Feb 5, 2011, 09:15 AM

Originally Posted by NAlkhawlani13

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.

NAlkhawlani13 · Feb 5, 2011, 11:14 AM

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

AK lawyer · Feb 5, 2011, 01:03 PM

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.

NAlkhawlani13 · Feb 5, 2011, 02:29 PM

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

AK lawyer · Feb 5, 2011, 03:33 PM

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.

NAlkhawlani13 · Feb 13, 2011, 01:19 PM

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.