Do you have to wait to be a resident of California to file divorce and serve the person in Texas?

Answer 1

The answer is no. You can utilize the California Courts to divorce the person in Texas so long as the California Courts has jurisdiction over one of the parties. Thus, if you only justmoved to California, you could file right away. If the person lives in Texas, you should file in Texas. However, the truth is that with the internet accessibiliity, you could file in practically any state so long as their laws do not prohbiit it. For instance, you could use Washington to file your action against someone in Wyoming, but you must be aware that if the person moves for dismissal on the grounds of lack of personal jurisdiction, you will have to show that there is jurisdiction. In divorce cases, these things are often not even discussed, but when they are it is through a Motion to Quash the Service of the Summons. Antolin Andrew Marks. Immigration Public Justice. You should know, also, that an old trick to establish residency is to create an address and immediately put in a change of address to the Post Office changing the address to the address you are actually at. Most lawyers won't tell you this, but it is so.