If I filed for dissolution of marriage with the court 1 day before the other party, does being served first by sherriff negate that I filed first?

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If I filed for dissolution of marriage with the court 1 day before the other party, does being served first by sherriff negate that I filed first?

Asked on June 14, 2012 under Family Law, Colorado

Answers:

Brad Micklin / Brad M. Micklin, Esq.

Answered 9 years ago | Contributor

No, it should not.  The court should take the complaint that was filed 1st as the plaintiff. However, it would not matter either way since you already pay the filing fee for your complaint. The only difference, truly, between filing a complaint and filing the answer is a small difference in the filing fee. If you are deemed to be the 2nd case and you have to file an answer you may be able to do so without an additional fee and get a refund for the difference that you overpaid.


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