Many times when spouses complete a California divorce, at least one of the parties will move away from the jurisdiction. While this is a normal progression for many people, it can give rise to technical legal problems if issues that stem from the original divorce case arise between the parties. Anyone who faces this situation should seek the immediate help of experienced San Diego divorce lawyers, as any mistakes made with these situations could prove to be harmful for everyone involved.
Who Has Jurisdiction if My Spouse Moved Out of California?
Generally, the court that originally issued the order dissolving the marriage in the first place will retain jurisdiction over any additional issues that arise. This includes issues that involve child custody, child support and spousal support among others. While there are federal laws in place that allow for a transfer of jurisdiction, other technicalities could arise that could lead to an inability to enforce the provisions of the divorce.
For instance, if one party has custody of the children and moves them out of the state and then decides to attempt to modify the child support order, he or she could register the original order in the new jurisdiction. This would allow the other jurisdiction to modify the child support order that was issued in California, but there must be some connection between the person paying the support and the state issuing the modified order.
What Laws Exist That Deal With This Problem?
There are at least two federal laws that have been enacted that were intended to deal with this situation when it arises. One such law is known as the Uniform Interstate Family Support Act, or the UIFSA. This federal statute basically states that disputes regarding support are handled in a consistent and uniform fashion throughout the United States. UIFSA is applicable in all 50 states.
In addition, there is a federal law known as the Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA. This statute, like the UIFSA, states that orders that deal with disputes regarding custody need to be handled in a uniform manner. This federal statute has also been enacted and applies in all 50 states.
How San Diego Divorce Lawyers Can Help
Clearly, interstate jurisdictional issues are always complicated, particularly when they relate to family law issues. If you are facing this type of a legal complication, you need to seek the help of San Diego divorce lawyers who have handled these types of cases many times successfully in the past. Contact the Men’s Legal Center today to schedule an initial consultation.