If my spouse filed a divorce in one county can I file my paper work in another county? 13 Answers as of February 20, 2014

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Diane l. Berger | Diane L. Berger
You can ask to have it transferred to your county.
Answer Applies to: Nebraska
Replied: 2/19/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
No. It would be wise to file a response to his petition for divorce in whatever county he filed. Otherwise you could be defaulted.
Answer Applies to: Arizona
Replied: 2/20/2014
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
You can, but one or the other will likely get transferred. Spouse's paperwork was first, so unless you have a good reason for not proceeding there, that is likely where proceedings would be held. You don't mention if either of you signed a Voluntary Appearance or were served by Sheriff yet. If that has happened, it would be a waste of money and time to file again.
Answer Applies to: Nebraska
Replied: 2/19/2014
Barr, Jones & Associates LLP
Barr, Jones & Associates LLP | Andrew Brasse
Question: If my spouse filed a divorce in one county can I file my paper work in another county? No, you have to file your papers in the same county that he/she filed for divorce. The divorce can only be done in one county, and it is the county where the first husband/wife filed paperwork.
Answer Applies to: Ohio
Replied: 2/19/2014
Reza Athari & Associates, PLLC | Seth L. Reszko
You have the right to file. Usually however the case will be heard in the county where the complaint was first filed. If there are issues with inconvenience, then a court could transfer the case to the county in which you live.
Answer Applies to: Nevada
Replied: 2/19/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If your ex has the proper jurisdictional right to file in the county where they are located and served you first, then that would be the county where the divorce should proceed. Please meet with an experienced family law attorney to discuss the jurisdictional component of this case.
    Answer Applies to: California
    Replied: 2/19/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    One of them will be dismissed for improper venue.
    Answer Applies to: Georgia
    Replied: 2/19/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    No. The county where she filed will have jurisdiction for all matters.
    Answer Applies to: California
    Replied: 2/19/2014
    Law Office of Robert E McCall | Robert McCall
    Short answer is No.
    Answer Applies to: Florida
    Replied: 2/19/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    No that would be improper.
    Answer Applies to: Pennsylvania
    Replied: 2/19/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    If you are responding to your spouse's paperwork then you have to file your paperwork in the same court/county as the spouse did. Divorces should not be filed in 2 separate counties. There should only be one divorce action. If the spouse has already filed and you want to file a counterclaim for divorce against the spouse then you can do so in the original action.Divorces are filed where the parties last lived together or where the defendant resides.
    Answer Applies to: Virginia
    Replied: 2/19/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You could, but generally the first to the courthouse gets priority. Your only argument is that the venue is wrong if you both live in the same county and he filed in the wrong one. But if he lives where he filed, chances are it will stay there.
    Answer Applies to: Idaho
    Replied: 2/19/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The quick answer is NO. You must file the responsive paperwork in the same County she filed the divorce or your paperwork won't get to the right place and she may be able to enter a default judgement against you.
    Answer Applies to: Florida
    Replied: 2/19/2014
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