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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default Both Spouses Filed for Divorce on the Same Day in Different Counties

    My question involves a marriage in the state of: az
    I have an order of protection on my husband. He is staying with a friend in cochise county. Our home is in pima county. We filed for divorce on the same day in the different counties. He had only resided in cochise county for a couple of wks. I (paralegal)sent the summons by registered mail (he did not pick it up) I tried to have him served - he avoided and the last thing is his friend claims that he kicked him out so he can not be found. I have now gone to publication. In the mean time he is now trying to serve me. He does not work, he gets $1500 a month disability (he really should not). I have tried all that I can, but I am told that it falls on whoever gets served first - he could do alternative service (he knows where I live), but how is that fare when I have done all that I can to find him first!! Is this right? Can mine take precedence because I did all that I could first?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Both Spouses Filed for Divorce on the Same Day in Different Counties

    So hubby is a jerk and you assisted him in committing fraud. Both of you can make the argument your filing has precedence. The court will likely go with the first official stamping.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Both Spouses Filed for Divorce on the Same Day in Different Counties

    If you want to make sure that he's served first, you can consider retaining a private investigator to track him down expeditiously.

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