What happens if both my husband and I file for divorce at the same time, or within couple of days of each other, in different courts (so the courts may not be immediately aware of the other case)? Who will then be the plaintiff and the defendant? What if we both don't want anything from each other but file on different grounds? Does that automatically turn divorce into a contested one?Thank you!
State/Country relating to question: New York
HiIt will come down to a consolidation of the matter and determined by the time stamp and date that each of you filed. Party filing first is the Plaintiff. So if you filed first, then when you are served with his Complaint, you opposed it and request it be dismissed based on yours being timely filed before hand.If you are not going to contest the divorce and neither of you have issues to resolve, then it will not be contested. IT will be a no fault/uncontested. But you should file based on irreconcible differences. Otherwise it will be contested for example if you say you want divorce based on adultery and he denies it. That makes it contested.Please note if you have other questions use the REPLY to EXPERT to Continue the Conversation. Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow upThank you
Thanks much for your reply! I still need a little clarification. When the court finds two cases for the same divorce, will the cases be actually "consolidated" or will the second one be "dropped" and so only the first case will be valid? The difference to me is this: if they are truly consolidated, that means that if he files on grounds of let's say adultery and I file a no-fault divorce, during a consolidation, this automatically becomes a contested divorce. BUT if the second-filed case is dropped, and the court goes by the 1st case only, then the defendant from the second case will still have a chance to respond and maybe agree to the first person's grounds, and still have a chance to keep it an uncontested divorce.
Hi1 - It will only be consolidate once you state that his should be dismissed. And show that you have filed first.
2 - If that is not the case and he has filed on adultery, and you deny it, then yes it becomes contested at that point. But unfortunately will not Negate that he filed first and has preference3 - And, yes, that is a correct summation.Please note if you have other questions use the REPLY to EXPERT. Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow upThank you
General practice of law with emphasis in family law
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