Which state do I need to file for divorce in? 4 Answers as of October 26, 2010

I am a military spouse of over 10 years, we got married in CA. He is threatening to file in NC because of different rules there and apparently they do not comply to federal benefits I am entitled to. I am a legal resident of CA, he is an NC resident but he signed the legally binding marriage contract in CA. Does this not legally bind him to divorcing in CA or do I I just have to jump the gun and file asap before he gets around to getting back to NC?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
Generally speaking, you file where you live. If you have never lived in NC, you might be able to challenge his case on jurisdictional grounds. If you know you want a divorce, I think you have the right idea. Get it filed here in California ASAP.
Answer Applies to: California
Replied: 10/26/2010
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
The court must have jurisdiction to hear your case. California requires that you live in the state for 6 months, and the county for 3 months. Where have you actually been living for the last 6 months? If, for example, Orange County, CA, then you would file there. A prenup usually only dictates which state law will apply, but not which court the matter can be heard in.
Answer Applies to: California
Replied: 10/26/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You should consult an attorney. If he does not have any contact with California, it might be difficult to get the case here. By the same token, if you have no contact with his state, he might have a hard time filing in his state. So, I think you should file asap.
Answer Applies to: California
Replied: 10/25/2010
The English Law Firm
The English Law Firm | Robert English
I would certainly try and file and serve him first if you want CA jurisdiction. If he meets residency requirements, there is no barrier to filing in NC.
Answer Applies to: California
Replied: 10/25/2010
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