Question:
My ex-wife filed for divorce in a county in California before meeting the 90-day residency requirement. She simply lied in the divorce papers and said we split three months earlier. Can I file an appeal of the divorce decision based on the court not having jurisdiction in the first place?
Answer:
First let me preface my answer by stating that I am not licensed in the state of California, so I am unable to provide you with any specific legal advice, as I am unfamiliar with your states rules and laws.
It depends upon what jurisdiction was conferred upon the court by the residency requirement. If the purpose of the rule is to confer subject matter jurisdiction upon the Court, then you may be able to appeal the decision because in most courts subject matter jurisdiction can never be waived and can be challenged at anytime.
If the purpose of the residency requirement is to establish personal jurisdiction, then your participation in the proceeding could waive any right to an appeal. You should consult an attorney in your jurisdiction for specific advice related to your question.
Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
