Q: can I refile for divorce from Florida if I have already started the process in California?
I filed for divorce in California where my ex lives because I had a attorney that was helping me for free. The divorce got as far as filing the proof of service, but court came back saying that attorney did not file original proof of service document.
Just before receiving that news from the court my attorney had moved out of state and could no longer handle my divorce. I have made several attempts to find out why exactly the court wouldn’t except the document since it was infact the original document signed by the server.
It has been a year now and I have not been able to move forward with the case unless I physically go down to the court house myself and that is not possible as I am in college.
So my question is, is it possible for me to just refile from florida where I live and am able to handle my case personally? I meet the residency requirements, I just wasn’t sure if this was possible because of the open case I have in California.
Thanks in advance
A:
You can file a notice of voluntary dismissal in the California divorce case. Assuming that your spouse did not file a counter petition, then the notice of voluntary dismissal should be sufficient to get the case dismissed. Also, the clerk may close the case on its own after a long period of inactivity, without you having to do anything. You may file for a divorce in Florida after you have had six months of residency. Only one spouse needs to meet this residency requirement.
Regards,
Cheryl Fletcher, Esq.
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