What happens if both spouses file for a dissolution of marriage in different counties?
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What happens if both spouses file for a dissolution of marriage in different counties?
I filed for a dissolution in November in my county and my husband filed the samething in his county in December. Ihaven’t been served but he has been served his from my case, and he signed a jointer form for my case. Do we have to attend court in his county or just mine?
Asked on December 8, 2010 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You filed your action before he filed his and the general rule is "first in time; first in right." Generally what happens is that the party that filed first makes a motion to dismiss the other action instead of answer the matter. But it appears that your husband has really concededto appear in your matter and not to pursue his (as you have yet to be served). I would make sure that he files a voluntary stipulation of discontinuance in the matter and that you obtain a copy (ask your attorney to help follow through on this matter) so that there is no funny business in the other action. Good luck.
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