QUESTION
What do I do if I filed for divorce then she filed and served me with legal separation days before she was served?
Asked on Dec 22nd, 2015 on Divorce - California
More details to this question:
I filed for divorce. She filed legal separation 2 days later. I was served with separation papers. She was served with divorce papers.
2 ANSWERS
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Since only case case requests a divorce you should proceed with your action. If the court's want to consolidate the two cases it will do that at some point. In many cases the two spouses will agree in writing to consolidate the two cases and have each other's petition deemed a response to the other Petition. This could save each of you filing fees in the other case.
Answered on Jan 11th, 2016 at 5:26 PM
You have no problem if you both filed in the same county. The divorce petition can be treated as a response and the divorce trumps the legal separation. If you filed in different counties you need to file a response asking for a divorce in the other county.
Answered on Jan 11th, 2016 at 9:27 AM