Tampa, FL asked in Divorce for Florida

Q: Which is filed first. 1. Change of venue or 2. Response or answers to your divorce papers that were served to you

He lives in TN. I'm a resident of Florida. I've never lived in TN. It would be a hardship for me. He has ties in Fl...property and family.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I'm assuming you are asking about a Tennessee lawsuit for divorce. If so, you should ask this question in Justia › Ask a Lawyer › Tennessee› Divorce ›.

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: It sounds as if he filed in TN. The issue is not change of venue, it is a Motion to Dismiss for Lack of Jurisdiction. However, if he has resided in TN for at least 6 months prior to filing, the case will stay in TN. In the facts you described, it is the first one to the courthouse wins. Unfortunately, he beat you to the punch. On a brighter note, if you live in FL with your children, he will not be able to obtain court ordered visits, alimony, etc or other property you may own from a TN court. Good luck.

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