Covina, CA asked in Divorce and Family Law for California

Q: Can my spouse file for divorce in another state after I already served her with my petition? Is her petition valid?

I filed for divorce on 9/23/2020 in California (LA County). She was served on 9/28/2020 in her home state of Nevada (Clark County). Instead of responding to my petition, on 10/04/2020, she filed her own separate divorce case in Nevada, and served me today on 10/7/2020. The time limit to respond for both of our petitions would expire on the same day (30 for California and 21 for Nevada). If I cant get her petition thrown out, and I enter my Request for Default on day 31, does my petition supersede hers? Do I even need to respond to her petition since I already served her mine? The case also involves 1 minor child, who I as the father am trying to acquire primary physical custody of since I do not feel like she is in the best position to care for him. She is also trying to do the same, but she is also trying to get me to pay for everything, including all attorney and court fees.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You need to contact some attorneys in Nevada that specialize in divorce. Phillip Spradling is an attorney in Las Vegas who handles dissolution, look him up on internet, I don't have a number.

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