How should I proceed if both my husband and I each filed for divorce?

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How should I proceed if both my husband and I each filed for divorce?

I filed for divorce pro per, and have filed all my paperwork properly and served my ex properly. I submitted my request for default and judgement about 2 weeks ago and was denied because there was a response on record. However, when my ex filed his response, he did not serve me at all and has not filed any other paperwork. Our hearing is coming up in about 6 weeks anI i would like to know if it would be a realistic request to file a motion to strike (either prior to or at the hearing). What should I expect to happen if I do request the motion? Am I better off just waiting for the hearing at this point?

Asked on July 24, 2011 California

Answers:

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

Answered 10 years ago | Contributor

When you say that he filed for divorce are you really sure that that is what he did?  Because it sounds to me like he filed a response to your divorce pleading.  I think that what you may want to do is to move to strike his pleading for failure to file a the required paperwork.  I am assuming that it is required for the hearing correct? It will be a better hearing or conference if all the paperwork were before the judge or mediator or whom ever so that maybe you could move toward a resolution.  You may want to consult with an attorney on the matter - just for a consultation - so that you know what you can expect.  Good luck to you.


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