my ex girlfriend filled for divorce .two months later she broke into my house and basically took everything that was of any value ,the police would not do anything because they said it was a civil matter because she was claiming to be my spouse. the judge order her two times to return all property .when she did not return the property he issued a capias warrant for contempt.two months after the warrant and her not being arrested or returning my property, her and her lawyer file divorce in neighboring county .can they do that ?
That's going to be a mess to deal with. Sorting out whether a relationship was a common law marriage or not can be difficult if it's a contested matter, and you really do need to hire an attorney to handle that. As to the rest of it, there's nothing inherently "illegal" about the second filing, but there are a couple of issues that jump to mind as to whether that second filing is valid. First, it's definitely not if the first judge either already ruled on the merits of the case, and found that he did have geographical jurisdiction over the case, but that there was no marriage to base a divorce on, or the first case is still pending. If they instead just non-suited that first case and filed again in the second county, that could theoretically be valid IF at the time of the filing, one of you had been living in the second county for at least the past 90 days. There would still obviously be the issue of whether you and she were actually married to begin with, and that will depend on whether you were living together while considering yourselves married and representing to others that you were married (so you'll probably be okay as long as you can produce some fairly neutral witnesses that will testify that they knew the two of you fairly well and never had any reason to think you were anything other than boyfriend/girlfriend, and perhaps some documentary evidence like leases, tax returns, or job benefits forms).
I am sorry that she is doing this to you. Your local rules of family court procedure dictate where you may file a divorce, in the county where you were married if one of the spouses still lives there or in a jurisdiction that has authority over the process. However, in this case you are not not married, so I would suggest that whatever she filed has no legal affect. Be careful she sounds dangerous and take good care and hope that things get better.
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