QUESTION

Can there be two open cases for divorce in two separate counties?

Asked on Apr 19th, 2015 on Divorce - Florida
More details to this question:
my husband refused divorce papers that i filed and then opened a case in another county stating that there are no open cases?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
   Since there are two open  cases, then there can be.  However, it is improper.  Typically, the proper venue (assuming both parties live in Florida) to file the divorce case is the county where the parties last resided together as husband and wife.  If that is the county where you filed the action, then you should notify the clerk of the court in the county where your husband filed that there is, in fact, another action pending.  If you served him with papers and he does not answer, you can file to have him defaulted.   However, so you do not end up with inconsistent results, you should file a Motion to Dismiss the case in the other county and, in the alternative, a Motion to Transfer Venue, explaining the situation.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496
Answered on Apr 19th, 2015 at 6:20 PM

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