okeedokee said:
What is the name of your state? Arizona
I am fileing for divorce in Arizona and my wife is fileing for divorce in Utah. Which court gets the case? Then one that files first or the one that gets served first?
My response:
The pendency of actions in courts of different states between the same parties on the same controversy is ground for abatement of the action in favor of the state first to acquire jurisdiction by service of process on the other spouse - - first-in-time jurisdiction is perfected by service of process. The issue is raised by a Motion to Quash the second proceeding in the other State court.
So, if you serve her first, then you'll have to file a Motion to Quash in her State court. But first, try to get her to dismiss her action voluntarily. If she doesn't, attach your letter as an exhibit to your Motion to Quash, and ask for attorney's fees and costs for being forced to file your Motion.
IAAL
