Legal Question in Family Law in Indiana

Multiple Petitions

Can a spouse file a petition for dissolution in one venue and then file a second petition for dissolution in a separate venue while the first petition is still open? Is the second petition valid? Are court orders issued on second petition valid?


Asked on 6/16/01, 11:27 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Multiple Petitions

No. You cannot have two cases going on pertaining to the same case in two different courts.

You would ask that the courts consolidate those cases into the first one filed.

Your attorney can handle this. If you do not have an attorney, you need to call Court #1 and let the staff know what is going on. Then the two courts will talk and should be able to resolve this situation for you.

I would need to know more facts, but if an attorney was involved in the second case who KNEW about the existence of the first case, there could be some ethical violations.

If the second case was filed pro se (by one of the parties) who had knowledge of the first case, that person possibly will be spanked by the court.

Hope this helps. Let me know if you have other questions.

Read more
Answered on 6/29/01, 3:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana