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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.