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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16346
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My name is ***** ***** and I have a divorce case that was

Customer Question

HI, my name is ***** ***** and I have a divorce case that was dismissed in Florida. As I am stationed in California for the past 5 years, I re-filed my divorce in California, as I reside here and not in Florida with my soon to be ex. My question is if my soon to be ex-husband tried, will it be possible for him to try to open the case back up in Florida if there is a case already open in California?
JA: Thanks. Can you give me any more details about your issue?
Customer: I have an open divorce case in California that I opened up and filed with my lawyer in California and my husband is trying to re-open the case back up in Florida with his lawyer there. Will it be possible for him to re-open the case in Florida if there is an open case in California?
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Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there -


Once you get your case in CA going and show the CA court that you have lived in CA for the prior 5-6 months (you need to live in a state for 5-6 months before the courts there in CA will take jurisdiction over you and your case), so long as the filing date of the case in California is shown on the documents to be a date which is earlier than any court date that he gets to the FL court to try to reopen the case in FL, then your divorce case will end up being heard and decided in CA family court.


Finally, generally speaking, once a divorce case is dismissed in FL or in any other state, the courts are not generally inclined to permit one party to revive such an old case at such a late date without a really good reason and in your case, I can see no good reasoning for the FL court to permit such an old case to be reopened (the facts and law become stale) -- and I do not see anything for you to worry about here.. Your case in CA will go forward quickly due to your long term state residency.


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