If my wife filed for a complaint for divorceyears ago but a final decree was never entered, can I start my own complaint for divorce?

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If my wife filed for a complaint for divorceyears ago but a final decree was never entered, can I start my own complaint for divorce?

She filed 10 years ago. Final decree was never recorded in MS. I have been living in FL. Can I file for divorce in FL since she never filed for a final judgement?

Asked on September 4, 2010 under Family Law, Mississippi

Answers:

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

Answered 11 years ago | Contributor

I would do some investigating first on what the courts have down about your divorce.  If you look up the docket number (sometimes called the "index number" which is a number that was assigned to the case when it was filed) what does it say?  Does it say "dismissed"?  Does it say "disposed"?  If it is hanging in limbo and can be resolved with the filing of the final decree then it may save you time and money to have someone follow up and do so.  Yes, it was her responsibility but maybe you can take the reigns here and get it done.  Then you would save yourself a lot of time, money and aggravation.  Do you really wish to rehash the same issues and possibly bring new issues in to the picture (remember: if you want to consider yourself "not divorced" you have 10 more years of marital assets to possibly dispose of)?  Think about it.  Good luck.


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