How do I answer a divorce petition if my spouse filed in a state of which he is not a resident and I have already filed in the appropriate state?

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How do I answer a divorce petition if my spouse filed in a state of which he is not a resident and I have already filed in the appropriate state?

I filed in IN 2 months ago. I informed husband. He confirmed via e-mail. He then went to our former residential state, IL, and filed a month later. I received his petition. Do I complete the Answer with asking that it be dismissed? We haven’t lived in IL in over a year, so he lied when said the he lives at his mom’s address.

Asked on November 14, 2011 under Family Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

Humm.  Well I would consult with an attorney on this matter as to procedurally if instead of answering the complaint or petition you make a motion to dismiss for lack of jurisdiction - the court can not adjudicate a matter where they do not have personal jurisdiction over the parties to the action and especially over the party filing the action.  And when you make the motion - or rather your attorney makes the motion - you need to also ask that it be dismissed because of a prior pending action - the one in Indiana.  The rule is generally first in time; first in right. You can ask for relief based upon both grounds. Good luck.


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