I filed for divorce from my husband after less that a year. We have been seperated for 4 months. I was waiting for him but it didn't look like it was going to happen so I did it first. Now he is saying he is going to file too. Can he do this and if so why? What is the difference when two people file?
2006-08-09 10:11:11 · 9 answers · asked by September 2 in Family & Relationships ➔ Marriage & Divorce
Once a divorce is filed with the courts it is filed. He can counterclaim your filing. If your divorce has not been filed with the courts yet then yes he can file. They always say it is better to file first - but I really don't think it matter that much.
2006-08-09 10:23:07 · answer #1 · answered by middle aged and love it 3 · 0⤊ 0⤋
Yes he can, but the court will dismiss it. The court will go with the first case (yours), yet he can (and should) file a counter complaint.
It determines who is the Plaintiff and who is the Defendant.
Really, in a family law case, who is Plaintiff or Defendant does not matter. In some states, the courts let you file orders with the case for temporary custody, and orders regarding transfer of assets which can provide a strategic advantage.
I dont know about your state.
2006-08-09 17:21:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yeah, you can file the same time. The stars do it all the time. Now if there were no children involve and assets, you can get an annulment. When two people file, its who ever file the first (marked by the date/time).
2006-08-09 17:30:08 · answer #3 · answered by kitcat 6 · 0⤊ 0⤋
He's not going to file, he just wants to stall you from going thru with it. So, if this is what you want for your happiness then go ahead and get this completed so you will have a lot less stress. If he informs his attorney of what's happening he will just tell him to wait for you & not waste his time.
2006-08-09 17:20:58 · answer #4 · answered by msthinkpositive 5 · 0⤊ 0⤋
Tell him to grow up! When two people file its just wasted time and money and nothing more. There is one marriage and one divorce will be granted! I actually had an ex who was stupid enough to believe he could divorce me while I remained married to him LMAO!! They are just morons, if he wants to waste his money let him but dont' sweat it!
2006-08-09 17:20:41 · answer #5 · answered by dappersmom 6 · 0⤊ 0⤋
It's whoever the court gets first. If you live in a no-fault state like CA, it doesn't matter. What matters is signing the petition on time or else it will go into default to the petitioner.
2006-08-09 17:46:17 · answer #6 · answered by ntoriano 4 · 0⤊ 0⤋
If you filed first then that's what will stand.Make sure you get everything in writing.
2006-08-09 17:19:47 · answer #7 · answered by missmadhatter 3 · 0⤊ 0⤋
im pretty sure whoever files first is the one that counts as the plaintiff
2006-08-09 17:17:35 · answer #8 · answered by *never give up* 4 · 0⤊ 0⤋
YES IN NYS,DID IT 16 MONTHS AGO,HAD THE DIVORCE IN 7 MONTHS
2006-08-10 11:27:40 · answer #9 · answered by lickit4u 5 · 0⤊ 0⤋