How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
Type Your Family Law Question Here...
AttyHeather is online now
A new question is answered every 9 seconds

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: 9 months ago.
Category: Family Law
Expert:  AttyHeather replied 9 months 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 9 months 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 9 months 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 9 months 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?