Who has the jurisdiction? England or California?

This is a discussion on Who has the jurisdiction? England or California? within the International Law Issues forum, part of the INTERNATIONAL LAW 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, 07:50 PM   #1
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Default Who has the jurisdiction? England or California?

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, 01:19 PM   #2
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Default re: Who has the jurisdiction? England or California?

see your other post
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Old May 5th, 2009, 01:38 AM   #3
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Default re: Who has the jurisdiction? England or California?

Both California and England may have jurisdiction to hear the case. There are a number of factors that may determine where the case should be dealt with, including who issued first, where the marriage was lived, where the assets are, what the outcome may be for the parties in either jurisdiction, and also where the parties will continue living.
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