Jurisdiction Battle.. advice needed, thanks!

This is a discussion on Jurisdiction Battle.. advice needed, thanks! within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My husband and I have lived in London, UK for our entire marriage. We are both US citizens. I filed ...

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Old May 3rd, 2009, 07:44 PM   #1
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Default Jurisdiction Battle.. advice needed, thanks!

My husband and I have lived in London, UK for our entire marriage. We are both US citizens. I filed for divorce in the UK and as soon as my husband was served in London, he hired a Lawyer in California and rushed to file for a legal separation in the State of California on the same day. I am currently living in California, but have only been back for 2 weeks. He is still living in our London house. My divorce request was filed first, but my husband has now requested a stay on the divorce in London. He wants to have a legal separation in CA because he stands to lose less money here. We now have to have a hearing on jurisdiction.

Who has the jurisdiction???? England or California

and does it make a difference that I have requested a divorce and he has only requested a legal separation since I do not yet meet California residency requirements.
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Old May 4th, 2009, 01:13 PM   #2
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Default Re: Jurisdiction Battle.. advice needed, thanks!

Who ever filed and properly served the person first normally has jurisdiction.
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