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I filed divorce papers first but my spouse was not ...

I filed divorce papers first but my spouse was not served. He filed after I did and I was served first. My question is: which matters the most, the filing or the serving?


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If you want to make peace you don't talk to your friends, you talk to your enemies. - Moshe Dayan

I don't think it really matters who filed first. Since you got served first, I'd suggest taking the papers to a matrimonial lawyer in your area (you can find one at American Academy of Matrimonial Lawyers) to make sure you file a reply as soon as possible under the prescribed amount of time alloted by the legal system. Also, I would inform the attorney of your choosing that you previously filed and had not yet served your husband so that the attorney can make sure the Court disregards the other divorce complaint (otherwise you'll have 2 cases open in the county and have to pay legally fees twice to the Court). Good luck.


Posted 8 months ago ( permalink )
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jake.brown was invited by Yedda to answer this question.

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Filing is the most important. But service is vital. My attorney is finding out why it took so long. I meet with my attorney tomorrow.


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