QUESTION
If my spouse filed a divorce in one county can I file my paper work in another county?
Asked on Feb 14th, 2014 on Divorce - Florida
7 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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No. It would be wise to file a response to his petition for divorce in whatever county he filed. Otherwise you could be defaulted.
Answered on Feb 20th, 2014 at 2:56 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can ask to have it transferred to your county.
Answered on Feb 19th, 2014 at 11:00 PM
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You can, but one or the other will likely get transferred. Spouse's paperwork was first, so unless you have a good reason for not proceeding there, that is likely where proceedings would be held. You don't mention if either of you signed a Voluntary Appearance or were served by Sheriff yet. If that has happened, it would be a waste of money and time to file again.
Answered on Feb 19th, 2014 at 7:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Short answer is No.
Answered on Feb 19th, 2014 at 5:23 PM
No. The county where she filed will have jurisdiction for all matters.
Answered on Feb 19th, 2014 at 5:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could, but generally the first to the courthouse gets priority. Your only argument is that the venue is wrong if you both live in the same county and he filed in the wrong one. But if he lives where he filed, chances are it will stay there.
Answered on Feb 19th, 2014 at 5:02 PM
The quick answer is NO. You must file the responsive paperwork in the same County she filed the divorce or your paperwork won't get to the right place and she may be able to enter a default judgement against you.
Answered on Feb 19th, 2014 at 5:01 PM