Legal Question in Family Law in California

Same day, different counties: What happens if my spouse and I file divorce petitions on the same day, but in different (California) counties? I'm about to file in the county where we lived together, and where I still live. All of a sudden, my husband is scrambling to get his filed in the county where he's lived for a year. It's likely we'll file on the same day. Will the timing of both services of process be relevant?


Asked on 5/26/12, 3:14 pm

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Serving first will control where your divorce action will be.

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Answered on 5/27/12, 7:43 am
Michael Schneider Family Law Center

Ms. Kock is absolutely correct. Therefore, it is most important that you have him served first if you want the case to be in your jurisdiction. Good luck!

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Answered on 5/29/12, 10:11 am


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