Can I file for divorce in one state if my husband has filed in another?

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Can I file for divorce in one state if my husband has filed in another?

My husband filed for divorce in TX almost 3 months ago. Said final divorce papers would be filed 1 month ago. As of today no papers have been filed and no hearing has been set. Am I able to file for divorce on my ME where I reside?

Asked on June 14, 2011 under Family Law, Maine

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a case already in progress in another state that also has jurisdiction it is unlikely your state would let you move forward and file there. You should focus on getting the divorce finalized where it was started and already in progress. Find out what the problem is with the current paperwork and work to work on getting it resolved. Frankly, for the cost of a few hours of a TX attorney's time, it might well be worth it to have them help you out and take a look the case. 


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