Be both filed, which state has jurisdiction?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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