What is the name of your state? Missouri / Arkansas
IAAL - I hope that you can answer this one for me.
Brian and Shari are married and lived in the state of Arkansas. They separated - Shari moved to Missouri (she has been there long enough to met the residency requirements).
Brian filed for divorce in Arkansas in April. He knew where Shari was living and had phone contact with her 2 or 3 times a week. He also had the name of her attorney. Shari was not served until September. Her lawyer has been pushing to get the case heard since, but his lawyer keeps putting it off. He is having financial troubles and they believe that he is eliminating marital assets.
Shari's attorney is on holiday vacation wit his family at the time and can't be reached to ask. So.....
The question - since there is a 120 day time limit (Arkansas civil procedure guidelines) on the service of the papers, shouldn't it be considered a dead file? And would she be able to retain a Missouri attorney (since she has met the residency requirements) and file for the divorce in Missouri?
The one thing that I was thinking - scarey thought, the blonde was thinking HAHA - was that as long as the Arkansas case has not been dismissed she can not file a Missouri case. Right? And all odds would be that once they filed a motion requesting the case be dismissed that his attorney would just refile the case in Arkansas. Or at least, the odds are good that they will.
Any ideas?
Thanks,
Ambr
IAAL - I hope that you can answer this one for me.
Brian and Shari are married and lived in the state of Arkansas. They separated - Shari moved to Missouri (she has been there long enough to met the residency requirements).
Brian filed for divorce in Arkansas in April. He knew where Shari was living and had phone contact with her 2 or 3 times a week. He also had the name of her attorney. Shari was not served until September. Her lawyer has been pushing to get the case heard since, but his lawyer keeps putting it off. He is having financial troubles and they believe that he is eliminating marital assets.
Shari's attorney is on holiday vacation wit his family at the time and can't be reached to ask. So.....
The question - since there is a 120 day time limit (Arkansas civil procedure guidelines) on the service of the papers, shouldn't it be considered a dead file? And would she be able to retain a Missouri attorney (since she has met the residency requirements) and file for the divorce in Missouri?
The one thing that I was thinking - scarey thought, the blonde was thinking HAHA - was that as long as the Arkansas case has not been dismissed she can not file a Missouri case. Right? And all odds would be that once they filed a motion requesting the case be dismissed that his attorney would just refile the case in Arkansas. Or at least, the odds are good that they will.
Any ideas?
Thanks,
Ambr