Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can't have two pending divorce cases at the same time. Dismiss the first case before filing a second case. You must be a resident of the county in which you file for at least three months before you will be permitted to file a divorce case in that county.
Answer Applies to: California
Replied: 1/9/2012
R. Mark Rose Attorney at Law | R. Mark Rose
If the paperwork was filed but not served you should dismiss the case and file in the county where you live, if you have lived there for 3 months. The proper place to file if you have lived in California at least 6 months, is the county where you have lived the preceding 3 months. You would need your husband's agreement to dismiss only if he had been served.
Answer Applies to: California
Replied: 1/9/2012
The Law Office of Erin Farley | Erin Farley
Your best bet is to dismiss the paperwork in the old county and re-file in the new. Make sure you have met the jurisdictional requirements!
Answer Applies to: California
Replied: 1/9/2012
Law Offices of Frances Headley | Frances Headley
You can dismiss and refile but you will be required to pay a new filing fee unless you qualify for a fee waiver. Or, you can request that the existing case be transferred to your new county provided you have lived there for at least 3 months.
Answer Applies to: California
Replied: 1/9/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
If you have not been served the petition, you can file and serve him from the county where you have lived for at least 3 months.
Answer Applies to: California
Replied: 1/9/2012
Law Office of L. Paul Zahn | Paul Zahn
It is ok to refile in the county you now live in (provided you meet the residency requirement) but you should dismiss the prior action as well.
Answer Applies to: California
Replied: 1/9/2012
Michael Apicella | Apicella Law and Mediation
If you've opened a case in Sacramento County, and you want to now have the case heard in another county, you have two choices given that as you said, no response has been filed. 1. You can dismiss the case and then refile in your new county. This would require that you pay the $395 filing fee again. 2. You can simply request a venue transfer. This would not require you to pay another $395 filing fee.
Answer Applies to: California
Replied: 1/9/2012
Diefer Law Group, P.C. | Abel Fernandez
You can file in another county as long as the case would be proper in that county. I am not sure of the circumstances of this case but if it can be filed there due to jurisdictional issues then yes.
Answer Applies to: California
Replied: 1/8/2012
