Husband texted me saying he filed for divorce. I have not been served. Can I file for divorce and be the petitioner if he is served first.
Yes, you can. However, if he has filed and for whatever reason the process server has been seeking you out but unable to serve you, ultimately, the lower case number will be the one that is conducted by the Court. Ask your husband for the case number and county in which it was filed, and then verify that the case exists. If it does, you do not have to wait to be served; instead you can file a response in the pending case and get the divorce case moving.