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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I filed for divorce in Utah on 1/25/08. My husband ...

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I filed for divorce in Utah on 1/25/08. My husband filed for an annulment in California a week later. I serve him papers with an "Acceptance of Service" believing we were in agreement over this, and he is having me served through a U.S. Marshall. He has not returned my papers, and I am thinking of sending them certified mail this week. My question is this: which of our filings will take precedence? I think it is the earliest filing, which is mine, here in Utah.
Yes, your divorce will have priority as you filed first. If he attempts to push his petition you can request the court to dismiss it on the grounds that proper jurisdiction for the divorce is now in Utah and you can present evidence of the date you filed your divorce petition.

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