Legal Question in Family Law in Kansas
Which county takes precedence in filing?
My husband and I are separated, not legally. We live in different counties. He filed for a divorce in his county,
but I was not served papers. During that time since I did not know he had previously filed, I filed for a divorce in my county. I hired a process server and he was served. I never rec'd a response so I called him and he said his papers would take precedence over mine since they were filed first even though I was never served. Now I'm not sure what to do. Please HELP!!!
1 Answer from Attorneys
Re: Which county takes precedence in filing?
Are there children and/or real estate involved in the divorce? Do you have counsel representing you? Does he? Did your Petition acknowledge that there was a case filed elsewhere? If there are children, where are they? Generally, the notice given would govern where the case would proceed. If there are children and real estate, notice would be necessary for the court to proceed to considerations in these areas. Sorry, to be so general, however, not enuf info to respond more accurately. If u don't have legal counsel, I'd certainly suggest that u get it.
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