where she is so he could either have the poloce serve her or he could meet with her and giive them to her or even mail them to her certified. He has tried for 2 and half weeks to 3 weeks and then all of a sudden she has hired an atorney and the police show up on my doorstep with filed divorce papaers. Now she new they were already filed butr would mnot tell him wheree she was who's paapers stand ?
2006-09-25 04:09:05 · 9 answers · asked by wolfy1 4 in Politics & Government ➔ Law & Ethics
Thank You to all who took the tike to anser the wuestions and most of you the lawyer he finally was able to get into contact with told him most of what you all said together. Thank You
2006-09-25 18:01:24 · update #1
the papers with the earliest date will take precedent. it would be a good idea to brainstorm and prepare a list of your sons' attempted delivery of his copy of the paperwork. divorces can get messy. make note of everything. "9/1/06 went to her house to serve divorce papers, but she refused to accept them"
2006-09-25 04:14:27 · answer #1 · answered by yonitan 4 · 1⤊ 0⤋
"My son filed his divorce on Sept 1 2006. He tried to serve his wife, but she refused to let him know where she was... She then filed her own divorce papers and had them served... Who's papers stand?"
The quick answer to your question is "It probably doesn't matter."
First of all, your son probably still has time to serve his wife-- since only 25 days have past since he filed (as I write this answer anyway) and you usually get 30 days to complete the service of a summons in commencing an action. The pleadings she had served on your son must show her attorney's address and probably include her address. That should make it easy for him to serve his papers.
Keep in mind, that if your son has been summoned to appear before a Court, then he must appear regardless of any confusion that might exist over crossed filings. When he shows up, he should explain to the judge that his papers were filed first. If he manages to make timely service of the summons, then the action will proceed on his pleadings and the court should strike the others. If he doesn't make timely service, then it's likely the Court would proceed on his wife's pleadings.
However, unless there are questions of jurisdiction and venue to be resolved, or the filing includes a request for temporary relief-- such as the support and custody of children-- then it probably doesn't matter who filed first. They can get a no-contest divorce fairly easily if they both filed with the same court, they both want it, and no kids are involved. It's just a matter of dividing the assets and signing a Marital Settlement Agreement.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]
2006-09-25 12:25:43 · answer #2 · answered by ParaNYC 4 · 0⤊ 0⤋
Both parties have the right to file if they wish...one doesn't preclude the other. If you filed and randomly drew a Judge that has a track record of being more sympathetic to fathers than mothers, then it would be to her advantage to file as well and hope to draw a different Judge that might be more sympathetic to her. When both parties file papers against the other, the presiding Judge is determined by service date...whichever Judge is listed on the papers that are served first will hear the case. (This is why it was to her advantage to lay low and evade service until papers could be served on your son.)
Then one of the attorneys will submit a Motion to Consolidate...which will combine the two cases into one case before the presiding Judge.
2006-09-25 15:03:28 · answer #3 · answered by Cleveburgher 3 · 0⤊ 0⤋
If his spelling is as bad as yours the papers are trash. Now to more serious matters. If this is an uncontested Divorce and there is no real property or children who filed is unimportant. What is important is that marriage end and that is now in progress. Most states are now "no fault" divorce states so again who filed is not issue. Even if there are issues who filed is again not important. both parties seem to want this marriage over so take it from there.
2006-09-25 11:14:33 · answer #4 · answered by ? 5 · 0⤊ 1⤋
I was told by my attorney to do this: File an ad in the local paper. Run it for six consecutive weeks. If she doesn't show up or respond, he will be granted a divorce, but she will not. I'm not a lawyer (yet!) but I would say his do.
2006-09-25 11:13:07 · answer #5 · answered by tinkerbell24 4 · 1⤊ 0⤋
His. Clearly he filed previous to her filing. She was just evading, and no smart judge in the country would fall for her scandalous behavior. Im sure she isnt the first to try and pull a stunt like that.
2006-09-25 11:11:14 · answer #6 · answered by psychstudent 5 · 1⤊ 0⤋
Seems to me (and I'm no attorney) that your son's filing would be treated as first and your soon-to-be ex-daughter-in-law's filing would be considered the countersuit. Thus begins the fighting.
Your son'ts attorney should be able to tell him who's takes precedence.
Good luck to him!
2006-09-25 14:07:24 · answer #7 · answered by Survivors Ready? 5 · 0⤊ 0⤋
you can go with either set of papers but one of them will have to be dismissed. it doesn't really matter who filed as long as they follow the process and get a final decree of divorce
2006-09-25 11:11:38 · answer #8 · answered by jacemo 6 · 1⤊ 0⤋
his, because when she married him she agreed to love honor and obey....clearly she has not fulfilled her commitment
2006-09-25 16:04:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋