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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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I am filing for divorce but my spouse is not served yet. I

Customer Question

I am filing for divorce but my spouse is not served yet. I know she is filing to in florida state , lee county what counts first filing or first served
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: florida lee county
JA: Have you talked to a lawyer yet?
Customer: yes but not about this. i filled already
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Family Law
Expert:  AttyHeather replied 12 days ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 12 days ago.

This jurisdiction issue can get tricky, because it is possible that more than one court can have jurisdiction, and it is possible that different courts can have jurisdiction over different issues. For just the divorce itself (dissolving the marriage), if she has lived in FL for the required time period, and you have lived in your state for the required time period, it is possible that two different states can address the dissolving the marriage. However, there is a different answer if you are asking about property distribution, or child custody, or child support. Do you have any of those issue that will need to be decided?

Customer: replied 12 days ago.
We are living in the same town. She is hiding to be served and i found out she is filing to. I just want to know in the same town what counts first filing or being served?
Expert:  AttyHeather replied 12 days ago.

Ok, thank you for that. Normally filing first would be controlling and the case that was filed 2nd would be dismissed. Does that make sense?