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Celebrity Family Law – Sofia Vergara and Nick Loeb (again)

The battle between Sofia Vergara and ex Nick Loeb over their frozen embryos may be finally coming to an end. Sofia Vergara scores big victory in frozen embryo battle, by Emily Smith and Ian Mohr,, August 29, 2017; and Sofia Vergara Gets Nick Loeb's Embryo Lawsuit Dismissed in Louisiana,, August 25, 2017. To recap, the former couple had embryos frozen in 2013 but subsequently broke up, with Vergara wanting the embryos destroyed and Loeb wanting to use them to become a father. Despite the embryos being conceived in California, Loeb filed the lawsuit in Louisiana, where embryos have legal rights of their own as opposed to being considered belongings of their parents. Loeb claimed that he and Vergara dated and planned their life together in Louisiana and, thus, the parties had sufficient ties to the state. The court, however, disagreed, calling the embryos "citizens of California" and dismissing the case. Loeb does have the option of refiling the case in California should he choose to do so.

Though Loeb gets an "A" for his effort in attempting to show a connection to the state of Louisiana in order to take advantage of its favorable laws on the issue, the ties were just not sufficient to warrant jurisdiction. There must be some connection to the state in order for a lawsuit to be proper there. Dating there for a short period of time is not sufficient, especially when all other aspects and parties to the case are in California. Imagine the chaos that would ensue if people could file lawsuits in any state they wish just so they could get a more favorable outcome. If you and your spouse live in different states, consult with a family law attorney so that the case is filed properly. If not, it will be dismissed and you will be forced to start over, no matter how much time and effort was expended in the original case.

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