Legal Question in Family Law in Massachusetts
Motion for Divorce dismissed in one court and returned to another.
I filed for divorce in one county. My husband then filed for divorce in another county several months later out of spite. He kept avoiding service by the sheriff dept. He did not disclose on his application that he was aware that I had filed a divorce against me.
1 Answer from Attorneys
Thank you for your question.
I think more information is needed to assist you, but you may want to retain counsel to represent you in your divorce in any event. A spouse should file for divorce in the county where the parties last resided together, if a spouse continues to reside there. The divorce which was properly filed first should continue, and the second divorce should be dismissed, unless you failed to serve the other party within the time permitted by the Rules.
The real answer is that you don't want to jeopardize your rights on account of a failure to understand or follow complicated court procedure. Please feel free to contact our office if you would like to explore representation. Best of luck!
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