What can I do in my divorce situation? 5 Answers as of May 09, 2011

I left my wife in Oct. after 10 years of being abused physically and emotionally leaving our 2 children with her. I moved from California to Las Vegas to live with family. In Nov she got a T/R/O because of alleged drug use and domestic violence, In March we attempted to reconcile and she dropped the R/O. In April I decided it wasn’t working and left again. On April 8th I came to see my daughter for her birthday and was attacked. My wife went to jail for DV. That week I filed T/R/O's against her and her parents and aw granted. Her parents came to court but not her. The judge ordered supervised visits in my county at a split cost. A few days after the hearing I received an email notifying me of an ex parte R.O hearing in her county the next day. I hired an attorney to appear by phone. The court never called him and it was granted and I was out all that cash. The OSC hearings in my 3 cases and her 1 are scheduled for the same day and time in 2 counties 500 miles from each other. It is now 4 days away and only her parents have been served. I mailed the forms to her county's sheriff’s office almost 3 weeks ago and have checked in daily and they were unable to serve locate her. She says on a message I have recorded that I was ducking her server who I never knew existed. Also the judge ordered her father to surrender hus firearms in 24 hours. He turned one in and told the cop he kept his assault riffle which he later turned in. I have the CAD report for that. Which court do I go to? I have called both and neither will reschedule and will not have the money to hire a good lawyer for 2 more weeks when my fiances financial aid from college arrives. Every so called legal service I've tried is stumped. We both also filed and served dissolution papers the same day. Which case stands? Do I forfeit my case by filing a response to hers? Her family is rich and vindictive and will do anything to hurt me right now.

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
In California, the first person to be personally served is the case that stands. If you were personally served and only your parents have been served, you must file a response, or you may file a motion to consolidate the two matters. If you retained our office we would attach all the paperwork from each case to the other so that the court has as record of all filing.
Answer Applies to: California
Replied: 5/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can't be two places at the same time. Hopefully, one or the other proceeding can be continued, but appearances will need to be made in each proceeding, one with you and an attorney, and the other by an attorney. You should retain reputable, experienced Family Law Attorneys to represent you in each county, i.e., attorneys local to the respective courts. They should coordinate what they do with you and with each other. If necessary parties have not been served, one or the other attorney may need to seek a continuance of the proceeding in which a necessary party has not been served. Possibly, one attorney might file an Ex Parte Application to seek continuance of one of the proceedings, based on the critical nature of both of the proceedings and your inability to be two places at the same time.
Answer Applies to: California
Replied: 5/9/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You are in a difficult situation. Hire an attorney in each venue to represent you and to coordinate the hearings.
Answer Applies to: California
Replied: 5/6/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
Generally speaking, you are not required to appear at a hearing when you have not yet been served the court paperwork, and the matter cannot proceed until you have been served. I hope that helps you in deciding which hearing to attend.
Answer Applies to: California
Replied: 5/6/2011
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