What all grounds are valid for Motion to Dismiss for a divorce case (no children):
1. Annulment case filed by spouse 1 in the state where both spouses lived together after marriage. Divorce case filed by spouse 2 later in a state where spouse 1 never lived or stayed.
2. Annulment case filed and served before divorce case and other party answered positively to annulment case. A trial date has been scheduled prior to divorce trial date.
What all grounds spouse 1 can use to file motion to dismiss for divorce case, apart from the ones listed below:
1. motion to dismiss for Lack of Jurisdiction
2. motion to dismiss for Inconvenient forum.
3. motion to dismiss on the grounds of second filed
There cannot be two cases running simultaneously in two different courts for the same purpose.
Thanks for your reply
Hypothetically, you can file a motion to dismiss for lack of jurisdiction. Do not, however, think the court lacks jurisdiction simply because one spouse has not lived in the state where the case is filed. In addition, there are rules that apply if there are children involved which could require two separate lawsuits-one dealing with custody and/or child support and the other dealing with other issues.
So, lack of jurisdiction may be a valid issue.
You do not file a motion to dismiss for inconvenient forum. You file a motion to change the venue only.
You cannot file to dismiss a case because a second case has been filed. In fact, it is just the opposite. First in time is first in right so the first case proceeds unless there is another reason to seek dismissal.
Hire a lawyer to deal with these issues as they are complicated and involve, apparently, two different states.
You will not get an answer to this question because of the nature of divorce and the nature of attorney/client relations.
Divorce is a way for the government to interlope into the family and impose its various rules and protocols on the American family for receipt of federal matching funds. Domestic violence law (VAWA) is applied to manipulate custody and support. Children are withheld for settlement purposes and federal funding is paid for child support (CSSA among other statutes). It is therefore highly unlikely you will ever succeed in getting a dismissal of a divorce action. To the contrary, married life is now provisional and the parties can walk away and pay each other fees for the departure.
For example, in most states the plaintiff files a no-fault action and the defendant is dragged in screaming. An under-judge enters orders for child and spousal support and automatic orders are entered prohibiting ordinary financial activity in the family. As the case is adjourned, property is lost, money is lost and criminal records are manufactured. Failure to settle along the lines envisioned by the judge and his policies causes more losses leading up to sanctions (fines). For the smarter couples, all they do is agree to pay support and agree to split their property. The court enters orders confirming the agreements. In and out. Marry, leave, pay fee and remarry.
We cannot guide you as to which motion to dismiss to file because we are not your lawyer. We cannot misguide you and have you sue us for malpractice. Especially in a divorce context, we do not want to be dragged into the case as co-arrestees, as escrow agents, as sanctioned parties and so on. Today's courts will make our property a 'res' in the case. Sanctions can be entered as a judgment and imposed as a lien to a lawyer's house. Bank accounts can be seized.
So it is best to face the music with one of these actions. Team up with a lawyer and navigate carefully. It is survivable if properly planned out and implemented.
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You're in way over your head on this one. You should retain counsel before things get worse.
I suggest reviewing CPLR 3211 which can be found at:
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