Lincoln, NE asked in Divorce for Nebraska

Q: If I already have started divorce proceedings and then my ex does whose divorce do they go by?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: If divorce cases are filed in the same county, then the Court will generally go forward under the lower case number. The party who filed first may want to file a motion to dismiss the case filed second. If divorces are filed in two different courts, then it depends on the facts. If child custody is at issue, then the court where the children have been residing the last six months is usually the court that gets to go forward. If there is real property at issue, then the divorce may need to go forward in that jurisdiction. Sometimes both cases can go forward with child custody being heard in one case and the property/divorce being heard in the other case.

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