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Tpacino · Nov 16, 2012, 05:42 PM

Can I file for divorce in OR if my EX has already filed for divorce in CA?
My ex filed for divorce in CA 6/2011 and the case was never finalized. Since then she has moved to OR and resided here for 6 months +. I have lived in OR for 5 years. Does CA loose subject matter jurisdiction since neither of us reside there?

cdad · Nov 16, 2012, 08:27 PM

At this time California still has it until it is changed.

Tpacino · Nov 19, 2012, 10:12 AM

Can you elaborate on your response, and maybe site your experience on the matter. I was told since she moved there was personal or subject matter jurisdiction in CA. she even went to the CA court and they responded that they have no REM jurisdiction?? Not sure what REM jurisdiction means. But my case in OR went to a default judgment since she never responded. Now she is trying to vacate the judgment.

AK lawyer · Nov 19, 2012, 11:53 AM

... she even went to the CA court and they responded that they have no REM jurisdiction?? Not sure what REM jurisdiction means.. .

It means jurisdiction over specific property. In this case, the marital propery, which apparently is all in Oregon.

http://en.wikipedia.org/wiki/In_rem_jurisdiction

cdad · Nov 19, 2012, 02:40 PM

If she lived in California long enough to file for divorce then the judgement stays there until it is moved. So if she had started a case and it wasn't moved to Oregon and you just simply started a new one then default or not it should be thrown out. The law of the land is that between states judements are respected. It sounds like your not following the law or there is something else going on. Can you lay out a timeline of sorts as to when all of this has happened ?

Tpacino · Nov 19, 2012, 03:19 PM

Originally Posted by califdadof3

If she lived in California long enough to file for divorce then the judgement stays there until it is moved. So if she had started a case and it wasnt moved to Oregon and you just simply started a new one then default or not it should be thrown out. The law of the land is that between states judements are respected. It sounds like your not following the law or there is something else going on. Can you lay out a timeline of sorts as to when all of this has happened ?

She filed in 06/2011 and the case was never finalized, There was no judgment. The case is still pending. She then moved to OR, becoming a OR residence. I then filed in OR 08/2012 and was awarded a default judgment 10/2012 due to her lack of response. I had to mention in the OR petition that there was a pending casein CA as well.

Fr_Chuck · Nov 19, 2012, 03:59 PM

Then the court gave you the divorce, if she wishes to fight the legal status of your divorce that will be up to her.

So the issue seems mute since you already did it.

Normally you would have filed in Cal to have that case dismissed and refiled after dismissed in OR.

But if your attorney was OK with this and it was listed on the paper work in court, and the judge accepted it, then you are divorced.

Tpacino · Nov 19, 2012, 04:20 PM

Originally Posted by Fr_Chuck

Then the court gave you the divorce, if she wishes to fight the legal status of your divorce that will be up to her.

So the issue seems mute since you already did it.

Normally you would have filed in Cal to have that case dismissed and refiled after dismissed in OR.

But if your attorney was ok with this and it was listed on the paper work in court, and the judge accepted it, then you are divorced.

Thank you for your response. I did file to have the CA case dismissed and it was sent back to me, stating that only the petitioner can request to dismiss the case. Is there any way for me to File the OR divorcée decree in CA to have them recognize the completion of the divorce and dismiss the case?

cdad · Nov 19, 2012, 05:24 PM

Originally Posted by Tpacino

Thank you for your response. I did file to have the CA case dismissed and it was sent back to me, stating that only the petitioner can request to dismiss the case. is there any way for me to File the OR divorcee decree in CA to have them recognize the completion of the divorce and dismiss the case?

Not likely since you filed AFTER the California case had already started. You circumvented the system by doing what you did. And of course you had no right to dismiss the case in California so it remains open. You need to settle everything before proceeding on with your life.