Orange County Superior Court (OSC Hearing)
Result: Court Finds Wife Cannot File Divorce in California
Irvine, CA divorce attorney Eileen M. Solis represented Husband, a Texas resident, to challenge Wife’s divorce action filed in Orange County and to quash the Summons served on Husband. The Court found in favor of Husband. Husband was the Chief Marketing Officer for a company with multiple offices throughout the United States. Wife claimed California was the proper state for the divorce proceeding. The main office for the business was located in Newport Beach, California. Husband’s employer leased a condo in Orange County where Husband stayed intermittently when he was in California to conduct seminars and other business. Husband did not spend more than a total of 100 days per year in California. Thus he did not meet the residency requirements for a divorce action in California. Moreover, Husband was domiciled in Texas, where the parties lived with their children, and where he, among other things, maintained his residence, filed taxes, voted and registered and insured his vehicles. Husband had no intention of moving to or living permanently in California. An Orange County Family judge agreed with Husband’s claim that he did not meet the necessary residency requirements for the divorce action and quashed the Summons, effectively dismissing Wife’s entire divorce action in California.