Can an out of state wife file for divorce against her spouse if there is an “ongoing” divorce proceeding in her husband’s state of residence?

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Can an out of state wife file for divorce against her spouse if there is an “ongoing” divorce proceeding in her husband’s state of residence?

My friend left her husband and moved out of state about 2 years ago. The husband filed for divorce but is now determined to do everything he can to prevent the divorce from proceeding. The couple have 2 minor children. The father was awarded temporary custody. Can my friend file for divorce where she lives without the divorce proceedings in the other state being resolved?

Asked on April 11, 2012 under Family Law, California

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Most likely not. If husband filed for divorce and got the custoday, it presumably means that she has been served with the divorced papers and has filed a response. It also means that she can not start another divorce proceedings. Current divorce case foreclosed that opportunity. The real answer will depend on actual facts of the case. I encourage she calls a lawyer and get consultation. She probably has her own lawyer if they are already in custody fight.


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