Can I file for divorce in the state where I live even if my spouse has already filed in another state?

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Can I file for divorce in the state where I live even if my spouse has already filed in another state?

Would that effect their case? I live in TX; souse is in CA.

Asked on August 1, 2011 Texas

Answers:

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

Answered 12 years ago | Contributor

This question is not easy to give guidance on for a few reasons.  I can understand how you would want to have control over the proceedings and have them be closer to you.  But if he already has jurisdiction over you by the proper service of the summons and complaint I would worry that the matter would be decided in California without you - on default.  It is true that if the California court does not have personal jurisdiction over you but does have jurisdiction over him they can enter a "divisible divorce," meaning that they can dissolve your marriage, but not divide property or award alimony. These issues will then linger over your head and can be revisited at a later date.  Please seek legal help.  Good luck.

1

1 vote

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

Answered 12 years ago | Contributor

This question is not easy to give guidance on for a few reasons.  I can understand how you would want to have control over the proceedings and have them be closer to you.  But if he already has jurisdiction over you by the proper service of the summons and complaint I would worry that the matter would be decided in California without you - on default.  It is true that if the California court does not have personal jurisdiction over you but does have jurisdiction over him they can enter a "divisible divorce," meaning that they can dissolve your marriage, but not divide property or award alimony. These issues will then linger over your head and can be revisited at a later date.  Please seek legal help.  Good luck.

1

1 vote

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