Does it matter who filed divorce first or whose served first? 9 Answers as of October 05, 2012

She filed in Mississippi 2 months ago but I was NEVER served so I filed here in California, so the argument is her saying that since she filed first and already have a court date. I have to go there, but I wasn’t served yet. However, I filed and had her served.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Jurisdiction in California is established with filing and service first in time. Please consult an attorney in Mississippi for guidance on jurisdiction.
Answer Applies to: California
Replied: 10/5/2012
Danville Law Group | Scott Jordan
If you were never served in the Mississippi case, the court their did not obtain personal jurisdiction over you. Since you served her, the California did obtain personal jurisdiction. I would argue the she must respond here and the case belongs here. Unless, you recently moved here from Mississippi, which would put a cloud on everything. I advise you to contact a local family law attorney for a consultation.
Answer Applies to: California
Replied: 10/3/2012
Steven Alpers | Steven Alpers
Normally, I would expect CA to go first. It is the date of service which usually controls, but there are other factors which vary from state to state so I would contact a Mississippi lawyer also.
Answer Applies to: California
Replied: 10/3/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It can matter as far as where the case is heard. Usually the one that files and serves the other first will prevail.
Answer Applies to: California
Replied: 10/3/2012
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
It does not matter who files first nor who is the Petitioner and who is the Respondent.
Answer Applies to: Florida
Replied: 10/3/2012
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    When two cases have been filed in two different jurisdictions, the party who was served first is under jurisdiction of that court. This is California law. A different state may have a different law, but due process would dictate, based on your facts California has jurisdiction to hear the case and Mississippi does not have jurisdiction over you yet. If children are involved in the case, ultimately the home state of the children will prevail over the jurisdiction issue.
    Answer Applies to: California
    Replied: 10/3/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you haven't been served, then the Mississippi case cannot go forward. The person who serves first wins, not the person who files first.
    Answer Applies to: California
    Replied: 10/3/2012
    WARREN LAW GROUP PC | RANDY WARREN
    In California the relevant date is not first to file but first to complete service of papers on the other party. I am ignorant as to whether Mississippi does the same or has a different view. If both states believe they have jurisdiction, typically the two judges will have a private phone call and determine which state has it. Questions of Mississippi law are better answered by Mississippi counsel, but my guess is you need an attorney to show up in court in Mississippi, very clearly making a "special appearance", and seek quashal of service if she claims to that court that she made it. If she admits she did not serve you, I do not see how the hearing there can proceed.
    Answer Applies to: California
    Replied: 10/3/2012
    Attorney at Law | Michael P. Vollandt
    In California it is who first serves not files. But you still have to deal with the Mississippi court. That is called a conflict of law problem. You should continue on the California suit and see if the California Judge can call the Mississippi Judge and try to figure it out.
    Answer Applies to: California
    Replied: 10/3/2012
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