Be both filed, which state has jurisdiction?

UPDATED: Oct 1, 2022

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Be both filed, which state has jurisdiction?

I live in Illinois, husband lives in Indiana. I filed on October 20th, he filed on the 26th. I sent his summons first, but I received his today. He hasn’t received mine yet. Which state would have jurisdiction?

Asked on October 28, 2017 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since each state (IL and IN) has a legitimate connection to the case (i.e. one of the spouses lives in each), jurisdicton will generally go to the one in which the case was filed first--in the case you describe, your state, since you filed 6 days earlier. Once one court has accepted a case, other jurisdictions will typically defer to it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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