Legal Question in Family Law in Florida

This can be a problem because filing a Petition for Legal Separation is not the same as filing a Petition for Dissolution of Marriage. If your husband is filing a separate action however in Florida where you are still considered a resident, then he has the right to file said action in Florida as both of you are residents there. If, however, you have standing in California to file your action for legal separation, then you can file in Florida a Motion to Dismiss on the basis that your pending petition was filed first and that your Petition addresses the bulk of the issues addressed in your Husband's pending Dissolution of Marriage action. If he has refused and not responded to your petition that was served on him, then you can move forward with filing a Motion for Clerk Default on the basis of his failure to file a responsive pleading timely. Good luck!