QUESTION: I filed legal separation in California and my husband filed divorce in Ohio. Which takes priority if the California legal separation was filed first?
MY RESPONSE: The title of your question is inconsistent with the body of your question. If you got a Judgment of legal separation in one state, you could get a divorce in another state - but that does not appear to be the question for which you sought an answer. In response to the body of your question, you are advised that the first case to be served gets priority. However, the party served with a legal separation case can respond by requesting that the Court dissolve the marriage. Also, there may be constitutional due process problems in a legal separation case or a dissolution of marriage case filed in a state with which the served party has not had sufficient "minimum contacts"; in such a case, the Court in that state would only have jurisdiction to affect the legal status of the parties (i.e., a legal separation or a status dissolution of marriage), but not to adjudicate such things as property division or support - unless the other party submits to the jurisdiction of that state by filing a response or general appearance in that case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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