Can I file for divorce in the state where I live even if my spouse has already filed in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file for divorce in the state where I live even if my spouse has already filed in another state?

Would that effect their case? I live in TX; souse is in CA.

Asked on August 1, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This question is not easy to give guidance on for a few reasons.  I can understand how you would want to have control over the proceedings and have them be closer to you.  But if he already has jurisdiction over you by the proper service of the summons and complaint I would worry that the matter would be decided in California without you - on default.  It is true that if the California court does not have personal jurisdiction over you but does have jurisdiction over him they can enter a "divisible divorce," meaning that they can dissolve your marriage, but not divide property or award alimony. These issues will then linger over your head and can be revisited at a later date.  Please seek legal help.  Good luck.

1

1 vote

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This question is not easy to give guidance on for a few reasons.  I can understand how you would want to have control over the proceedings and have them be closer to you.  But if he already has jurisdiction over you by the proper service of the summons and complaint I would worry that the matter would be decided in California without you - on default.  It is true that if the California court does not have personal jurisdiction over you but does have jurisdiction over him they can enter a "divisible divorce," meaning that they can dissolve your marriage, but not divide property or award alimony. These issues will then linger over your head and can be revisited at a later date.  Please seek legal help.  Good luck.

1

1 vote

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption