© 2013 by Law Offices of Tobie B. Waxman.  Proudly created with Wix.com

Law Offices of Tobie B. Waxman is located in Culver City, California, and serves clients throughout the world as well as from neighboring Los Angeles communities such as Santa Monica, Malibu, Marina Del Rey, Manhattan Beach, Ladera Heights, Beverlywood, Mar Vista, Venice, Brentwood, Playa Vista, Westchester, West Los Angeles and Torrance. Licensed to practice in all California courts, appearing most frequently in the courts of Southern California, including Los Angeles County, Orange County, Ventura County, and in the Courts of Appeal.

We both filed for divorce. Whose case controls?

January 27, 2015

 

Who got served first?  The lead case will be the one in which parties were served first; not the one that was filed first. If two actions are pending in different courts of the same state, on proper motion, abatement in favor of the court whose jurisdiction was first perfected by service of process is mandatory. California Rule of Court 5.63.

Regardless of when each action was filed, the first person to get served is the case that controls.  The first court to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter, i.e. dissolution of marriage.  If you were served with a petition for dissolution after you served your own petition, your remedies include a plea in abatement which can be made by a motion to quash service of the summons and petition.

Please reload

Featured Posts
Recent Posts

I'm busy working on my blog posts. Watch this space!

Please reload

Please reload

Please reload

Archive