What to do if I served my husband divorce papers back 8 months ago and I’m proceeding with a default but he came over tonight and served me with divorce papers?

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What to do if I served my husband divorce papers back 8 months ago and I’m proceeding with a default but he came over tonight and served me with divorce papers?

Can he do that?

Asked on October 24, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband can file his own dissolution action against you even though you have defaulted him in your own. Given the fact that you have just been served with a dissolution action filed by your husband presumably filed after you filed your matter, I suggest that you consult with a family law attorney as to what to do.

In many states you can file a "demurrer" to the new action by your husband because there is already a dissolution action proceeding between you two to knock out his matter in the court room and hopefully get it dismissed.


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