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  1. #1
    Join Date
    Jan 2019
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    Default What Happens if Both Parties File Divorce Cases

    My question involves a marriage in the state of: NY

    I'm wondering what happens if both parties file divorce papers? I believe my husband pay have filed divorce papers and is trying to get me served but has been unsuccessful due to not knowing my current address (I live out of state). I retained legal representation and she plans on filing this week and handling child support and alimony also. If we both file how does that work? And assuming I am successful at serving him does that override the papers he's served?

  2. #2
    Join Date
    Jan 2006
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    38,429

    Default Re: Both Parties Filing Papers

    Are you both filing in the same state or different states?

  3. #3
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    Default Re: What Happens if Both Parties File Divorce Cases

    If the cases are filed in the same state, and venue is proper in both jurisdictions then, absent an agreement, the case will normally proceed in the county where the earliest filing occurred. If they were both filed in the same county the cases can be consolidated, or one can be dismissed with the parties proceeding on the other.

    With cases filed in different states, the state in which the children are legally domiciled would normally have jurisdiction over custody, but depending upon the full facts and actions of the parties the court may have to look to the other parent's past and present connections to the state before determining which state's child support formula applies. Absent agreement to the contrary, property division would normally occur in the state in which the marital assets are located (e.g., the marital home).

    So... it depends on the facts.

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