Family Law Questions? Ask a Family Lawyer Online.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
Only one person could and would have to file first and that is where the divorce would be heard. If you filed in the county where you live and he is served, that would start the process. He could not then go and file where he lives, since there would already be an open case and that could would have jurisdiction.
Is this uncontested?
If it is uncontested and he signs off and everything is agreed to, you could file where you live and submit everything. He likely would not need to appear, until the very end, when the Judge orders the divorce, just to make sure everything that has been presented was agreed upon and voluntarily done and the marriage is broken and you can not work this out and get back together.
I have seen it both ways. When it is uncontested, a Judge may only require one party to be present, other times, if the parties are acting on their own, the Judge may want both present, to make sure everyone is in agreement, so that nobody comes back and tries to vacate the final judgment and now contest this.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!