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Two Petition for divorce were filed in the same court , which is the leading case in California?

Long Beach, CA |

Two Petitions were filed for divorce in the same court. The first Petition has not been served, but the second Petition is served, which case is the leading case? The case that is filed first or the case that served first.

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Attorney answers 3


Usually the case the is first served is the case number under which the case would proceed.


it does not matter really; usually the first-served Petition is the leading case and the other petition can function as a response.

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I agree, which ever is served first will be considered the case that the other will be consolidated into. That said, there is virtually no benefit to being the Petitioner so there should be no reason to contest a request to consolidate the two cases into one.