Can my husband file for divorce in another state after I have already filed and have had him served?

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Can my husband file for divorce in another state after I have already filed and have had him served?

I filed for divorce in CA in 0910. My husband was served that same week. Our court date is 11/08/10. Yesterday, someone showed up to my house to serve me divorce papers from WA. I was not home but the man spoke to my step-mom and all he said was that he was there to serve me divorce papers from WA. My husband lives and is stationed (army) in WA.

Asked on October 22, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Yes, you can both file for divorce in the state in which you reside.  You reside in California and he in Washington.  But you may need to make a motion to dismiss the Washington law suit as yours was filed "first in time" and thus is "first in right".  Take the matter seriously.  You do not want to default - not answer the matter - in the state of Washington.  You should seek help from an attorney in your area as to this matter.  Maybe you and your Husband should sit and try and work this out amicably or it is going to get very expensive legally for the two of you.  You obviously both want the same thing - to be free of the other.  Good luck.


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