My husband and I have been separated for 60 days now. I filed for a divorce in 2001 and he talked me into dropping it. It cost me a $2500.00 for nothing. Now he has attorney insurance, should I let him file this time? That is what I want to happen. After talking with an attorney he advised me not to let my ex go longer than five months. He said he would establish residency somewhere else and I'd have to go there?
2007-06-05 08:07:44 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Listen to the lawyer. He is a professional after all.
2007-06-05 08:11:52 · answer #1 · answered by Spirish_1 5 · 0⤊ 0⤋
Here's what you need to understand:
For a court to have jurisdiction in a Divorce, only ONE of the parties has to be a resident within the jurisdiction. That means that if you live in Ohio and your husband moves to Florida and files, the entire case will be tried in Florida. That probably means that you will not be able to refute anything he says or participate in the trial in any meaningful way.
If both parties file divorce actions in separate jurisdictions, the second one filed will be dismissed.
If he's moved away, FILE RIGHT NOW. Call an attorney and tell them you want it filed TODAY (which is probably impossible, but tomorrow is doable).
2007-06-05 15:18:58 · answer #2 · answered by open4one 7 · 0⤊ 0⤋