We both filed for divorce at the same time. Me in Fl. Him in NY. His lawyer mailed me the papers Is that legal?

Asked about 5 years ago - Tampa, FL

I filed my papers 6 days before he did and today I got a summons and some strange papers in the mail. My papers are being served. Dont the papers have to be served? Also, they want me to waive all my rights to everything including receiving all future documentation except the final divorce. I noticed alot of places on the paper were left blank which alarms me. Everything just seems weird. from the papers I filed and after reading the procedures when filing my documents. I of course have and will not sign those documents. Doesnt my case prevail since I filed mine first and what is your recommendation I do next? His papers are in the process of being served. He lives in NYC so not sure how long it will take.

Attorney answers (2)

  1. Howard Iken

    Contributor Level 10

    Answered . The proper place is where:

    The children have lived for the last six months

    You both lived as husband and wife.

    If the two factors are in 2 different states, the first factor governs.

    You need to file a Motion to Change Venue in the improper place.

    Attorney Howard Iken
    The Divorce Center

  2. Lynette Silon-Laguna


    Contributor Level 11

    Answered . It depends on where you last resided as husband and wife, where the children have lived for the last six month and if you have met your state's residency requirements prior to filing. Then a Motion to Change Venue will jave to be filed where the case was improperly filed.

    "We offer an initial consultation at no charge if you would like further information and the options available to you. Good luck!"

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