Tuesday, January 17, 2012

CAN I REFILE A DIVORCE IN ANOTHER COUNTY IF MY HUSBAND WASN’T SERVED WITH MY FIRST DIVORCE CASE?

QUESTION: My husband never got get served with the divorce case that I filed in Sacramento and the papers never got finished. They just started. The papers are lost. Is it okay for me to refile in the new county where I moved?

MY RESPONSE: You can't have two pending divorce cases at the same time. If you intend to file a divorce in your new county, you should dismiss the first case “without prejudice” before filing a second case in your new county. You must be a resident of the county in which you file for at least three months before you will be permitted to file a divorce case in that county. In the alternative, if your Sacramento case is still viable, and if that county is nearby, you could have your husband served with that divorce case and proceed with your divorce in Sacramento, if you wish.

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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