Can I file for divorce in my county if my husband has filed already in another county but I have not been served

Asked about 1 year ago - Redding, CA

I filed first in my county but he asked me to drop everything an he would get back with me but come to find out he lied about it to where he could file in his county so can I have jurisdiction in my county since I have previously filed an him lying to me

Attorney answers (3)

  1. John Anderson Bledsoe

    Contributor Level 6


    Lawyer agrees

    Answered . You can file in your own county. Then serve your husband immediately. The court in your county and in the other county will determine which county is the most convenient forum. It may turn on where the witnesses reside and where the information regarding your case is found. I suggest that you file your petition and serve your husbandimmediately.

    Please consult with an attorney. This answer does not create an attorney-relationship.
  2. Gregory Paul Benton

    Contributor Level 20


    Lawyer agrees

    Answered . You may file in your county but the first one to serve is the one that has jurisdiction.

  3. Mark David Gershenson

    Contributor Level 8

    Answered . If your husband did not live in the county in which he filed for three months before he filed, you can file a motion to quash the proceeding. As to the other points raised in the prior answers, I concur.

    The foregoing is intended to provide general advice and does not substitute for consulting an attorney about your... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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