Husband says he filed divorce papers, I have not been served. Can I file for divorce and have him served and be the petitioner?

Asked over 4 years ago - Coldspring, TX

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.

Attorney answers (2)

  1. Sammy Eugene Lucario Jr.

    Contributor Level 12

    Answered . You can file for divorce. If the case is already pending, the later cause will be absorbed into the older cause. Check with the court to see if your husband has really filed for divorce.

  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . 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.

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