US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I file for a change of venue to California for my divorce appeal?

Can I file for a change of venue to California for my divorce appeal?

Q: How long does a spouse have to be gone before it's abandonment?

In California, there is no specific time frame defined for abandonment. However, a spouse's absence for a significant period, often considered to be at least one year, can support a claim of abandonment. The intent to abandon the marriage is also crucial in establishing this claim.

Q: What is an example of spousal abandonment?

An example of spousal abandonment is when one spouse leaves the marital home without informing the other and does not return for an extended period. For instance, if a spouse moves out and does not communicate or provide financial support for over a year, this may be considered abandonment.

Q: What is spousal abandonment in California?

Spousal abandonment in California occurs when one spouse leaves the other without consent and with no intention of returning. This can impact divorce proceedings, especially concerning property division and custody arrangements, as it may be seen as a fault in the marriage.

Q: What is considered marital abandonment in California?

Marital abandonment in California is defined as one spouse leaving the marriage without the other spouse's consent and without a justifiable reason. This includes leaving the home and failing to maintain contact or support. It can be a factor in divorce cases and may affect the division of assets.

Full question:

My husband filed for divorce. I went to our reservation to respond. I live in California and all of this has caused me to lose my job and now I live with my mother. My question is, can I file for a change of venue to California so that I can appeal the decision that was made at the hearing on the reservation?

Category: Divorce
Date: 04/07/2025
State: Arizona

Answer:

If your attorney did not request a change of venue during the trial, there is likely no basis for an appeal.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I prove abandonment in California?

To prove abandonment in California, you must show that your spouse voluntarily left the marital home without your consent and without a valid reason. This means they must have intended to end the marriage and not returned for a significant period. Evidence can include communication records, witness statements, and proof of living separately.