Baltimore, MD asked in Divorce and Family Law for Maryland

Q: I filed for divorce first in Pennsylvania, can my ex file in another state months later?

I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital agreement settlement and divorce papers she signed I signed. She signed a waiver for regarding service. There was an error on my attorneys behalf to fix my address. This was done and papers were resubmitted to the court. My ex is now dodging to be re- served she will not give her address up. She now has filed for divorce in maryland using a P.O box. Can this be done with a pending divorce case by me in Pennsylvania?

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce actions and submit to jurisdiction for purposes of the divorce, it will achieve the end you both want: a judgment of absolute divorce that incorporates but does not merge your settlement agreement. By motion, the court in Maryland may allow remote (internet) participation of the defendant spouse at the 10 minute uncontested divorce proceeding, if that is an issue. If you force the two courts to decide which one shall exercise jurisdiction, then you will spend money on motions regarding this issue, oppositions to the other's motion, a court hearing on jurisdiction, and yes, arguably the first filed case may get the nod, but you'll both spend an awful lot of money to get there, all for no real benefit that I can see.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.