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  1. #1
    Join Date
    Sep 2016
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    Default What Happens if Your Ex- Files for Divorce in Another State After Being Served

    A woman in California filed a divorce and custody case and had it served on her husband, who is in the military and is stationed in Colorado. They lived together in Colorado before they separated, and they have a home and property in that state, but the mother has been in California with their child for more than six months. After he was served, and had appeared once in court on the California divorce case, he filed his own divorce case in Colorado. Her California lawyer cannot appear in the Colorado case. How can she get it dismissed?

  2. #2
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    Sep 2005
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    Default Re: What Happens if Your Ex- Files for Divorce in Another State After Being Served

    She should be discussing this with her lawyer. Even if her lawyer cannot help her by appearing in Colorado, the lawyer should be able to provide guidance about what the two courts are likely to do. If the marital estate is in Colorado, it may be that California has jurisdiction over custody and (if the husband objects) Colorado has jurisdiction over the division of assets in that state. It will be fastest and easiest -- and cheapest -- if the couple can agree to have all of their issues resolved by the court of one state. If they do not, the wife should get help from a Colorado lawyer to try to limit the issues in that case to any property division issues that may properly belong in that state.

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