Getting divorced while living in different states?

Question

I have filed for divorce in the state that my husband and I were married in and lived in. He left me to move to another state last September 2005. He isn't happy with the way things are going with my lawyer, he has said he's going to get his own lawyer and file for divorce in the state he lives in now. He has to be a resident for a year in order to file for divorce. My question is, if he serves me with papers, what and whose divorce papers will be used? I know that he's going to contest the papers that my lawyer sent him. We are not legally seperated, he has a girlfriend and she is living with him, somehow I don't find this to be a good thing on his side. Any advice, i would appreciate it. Thanks

Answer 1

He can't! You already filed. He has to abid by the first set of papers. Men in divorce like to bark alot just to get you unglued. I have been divorced twice and its alot of yelling and no backing up the action because they know they can get you upset by making you stressed and angry.

What ever state you filed in..is the state you have to finish the divorce in. He will have to come back for court to the state filed

Also, if he moved in with the girlfriend before you filed...He automatically gives up rights to community property because he basically has abandoned your home and relationship to make a home else where..this is his choice.

All in all, Split everything and 50 50 on kids..if you have any. The judge will go for split everything easier and faster to get to the divorce than fight for anything.

Answer 2

You filed first and in the proper jurisdiction (where you both resided at the time) so your pleadings will win out. Most states follow the rule that a timely pleading filed in the proper jurisdiction always trumps a subsequent one filed in a less convenient jurisdiction. It does not, however, matter where you were married; what matters is where you each resided at the time of filing.

In sum, let him waste his time and money on filing in his state. Just have your lawyer ready a motion to quash in his state, enclosing the already filed pleadings in your state, your affidavit as to residence, and all should be fine.

Answer 3

i dont think he can do that- the motion for dissoultion has already been filed, all he can do is try and get the case transferred, I was told to file in the county I lived in for over a year, and my hubby transferred the case to the county we resided in as a married couple- which was really silly. So it seems to me, if you filed where you two lived in together last as hubby and wife, that will be where the case is held, he cant file all over again, he can only answer the petition with a motion to transfer the case, that's all

Answer 4

As far as I know you have to file divorce in the state you were married in and lived in. I had to file in MA even though I had moved to MD. sounds like a scare tactic to me. You may not be legally separated but you are physically. Any grounds for desertion?

Answer 5

It seems like if you already have filed and have an open case there isn't much he can do about it. Contact your lawyer and ask his advice after all this is why you hired him for.

Answer 6

I was living out of state when My ex- and I divorced. and it differs from state to state

Answer 7

You have a lawyer, ask him. he can complain about the way things are going until his eyes bleed, its not gonna change anything.

Answer 8

hey alot of good advice, me and my soon to be ex wife are goin threw the same she left me and took the kid to a diffrent state. been serperated for goin on 5 to 6 months. thanks for askin a question and thnks for the answers people