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Separated in one state, divorce in another?

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nunnyabiz

Junior Member
What is the name of your state (only U.S. law)? NOVA

I was legally separated in one state five years ago. Four years ago, I moved to the east coast. He has refused to sign divorce papers until recently. I filed for pro se divorce my current state of residence and received a notice today that it couldn't be signed because there is a divorce case pending in the previous sate of which I am no longer a legal resident. What are my options to be free and divorced?
 
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justalayman

Senior Member
What is the name of your state (only U.S. law)? NOVA

I was legally separated in one state five years ago. Four years ago, I moved to the east coast. He has refused to sign divorce papers until recently. I filed for pro se divorce my current state of residence and received a notice today that it couldn't be signed because there is a divorce case pending in the previous sate of which I am no longer a legal resident. What are my options to be free and divorced?
have you been served with the notice of the action in the other state?
 

nunnyabiz

Junior Member
Served?

I filed in the previous state, so no I haven't been served. It's just been sitting there for the last 5 years. I had thought it was dismissed or had run it's course there and that's why I filed pro se in my current state of residence.
 

Proserpina

Senior Member
I filed in the previous state, so no I haven't been served. It's just been sitting there for the last 5 years. I had thought it was dismissed or had run it's course there and that's why I filed pro se in my current state of residence.

That's why it's still active.

Did you bother to check the status before you refiled?

And which US state is NOVA?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NOVA

I was legally separated in one state five years ago. Four years ago, I moved to the east coast. He has refused to sign divorce papers until recently. I filed for pro se divorce my current state of residence and received a notice today that it couldn't be signed because there is a divorce case pending in the previous sate of which I am no longer a legal resident. What are my options to be free and divorced?
You will have to close the case that's open in the previous state and then file again in your new state.
 

LdiJ

Senior Member
You will have to close the case that's open in the previous state and then file again in your new state.
Assuming that her husband didn't file anything that wouldn't allow the case to be closed. I don't see how her current state could be aware of any open proceeding in another state unless her husband brought it to her current state's attention.
 

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