When 2 people both file for divorce as Plaintiffs

[lovemylife2012]

What is the name of your state (only U.S. law)? Michigan

Hello, I am in Michigan and have a question about divorce. What's happens if one Plaintiff filed papers to divorce a person on 10/31/11 and the Defendant wasn't served with them until 2/27/12? He had by that time missed a friend of the court hearing as well because of the late service, but the summons was current for service. However, The Defendant had actually filed for divorce as a Plaintiff in a neighboring county on February 7, 2012, way before receiving her papers. The Defendant's ex-wife claimed he was in default on hers. But was he really in default when there was a valid complaint filed way before the Default on hers? She had refused service personally and by registered restricted mail and motion for alternate service was granted. Help please. Hope this wasn't confusing. thanks! It's just a strange situation!

 

[BigMouthWino]

What is the name of your state (only U.S. law)? Michigan

Hello, I am in Michigan and have a question about divorce. What's happens if one Plaintiff filed papers to divorce a person on 10/31/11 and the Defendant wasn't served with them until 2/27/12? He had by that time missed a friend of the court hearing as well because of the late service, but the summons was current for service. However, The Defendant had actually filed for divorce as a Plaintiff in a neighboring county on February 7, 2012, way before receiving her papers. The Defendant's ex-wife claimed he was in default on hers. But was he really in default when there was a valid complaint filed way before the Default on hers? She had refused service personally and by registered restricted mail and motion for alternate service was granted. Help please. Hope this wasn't confusing. thanks! It's just a strange situation!

The divorce where service was completed on the other party will be the divorce that goes forward from this point. The unserved divorce can be dismissed. Since both parties seem to want a divorce what does it matter who sued whom?

 

[latigo]

What is the name of your state (only U.S. law)? Michigan

Hello, I am in Michigan and have a question about divorce. What's happens if one Plaintiff filed papers to divorce a person on 10/31/11 and the Defendant wasn't served with them until 2/27/12? He had by that time missed a friend of the court hearing as well because of the late service, but the summons was current for service. However, The Defendant had actually filed for divorce as a Plaintiff in a neighboring county on February 7, 2012, way before receiving her papers. The Defendant's ex-wife claimed he was in default on hers. But was he really in default when there was a valid complaint filed way before the Default on hers? She had refused service personally and by registered restricted mail and motion for alternate service was granted. Help please. Hope this wasn't confusing. thanks! It's just a strange situation!

If this is what is troubling and I haven't confused the time-line . . .

The husband’s filing of a separate complaint for divorce in County “B” would not have constituted a general appearance (preventing an ex parte entry of his default) in the wife’s prior filing in County “A”.

It is probably a moot issue, but without looking at MRCP I’m going to assume that had the court in County “B” been appropriately made aware that the same cause of action between the same parties was already pending in County “A”, that the two would have been joined for disposition in the county of the first filing. Subject maybe to one party or the other raising issues of proper venue, which also has seems moot.
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[SUP]From this one might believe that lack of communication between the couple was factor in the marriage break up.[/SUP]
[SUP]And of course if I am wrong (most likely) I'll be set straight by a rejoinder from the world according to Ld, who I'm given to believe can quote from the California Family Code in his sleep.
Not sure aboiut the MRCP, though.[/SUP]

 

[lovemylife2012]

If this is what is troubling and I haven't confused the time-line . . .

The husband’s filing of a separate complaint for divorce in County “B” would not have constituted a general appearance (preventing an ex parte entry of his default) in the wife’s prior filing in County “A”.

It is probably a moot issue, but without looking at MRCP I’m going to assume that had the court in County “B” been appropriately made aware that the same cause of action between the same parties was already pending in County “A”, that the two would have been joined for disposition in the county of the first filing. Subject maybe to one party or the other raising issues of proper venue, which also has seems moot.
___________________

[SUP]From this one might believe that lack of communication between the couple was factor in the marriage break up.[/SUP]
[SUP]And of course if I am wrong (most likely) I'll be set straight by a rejoinder from the world according to Ld, who I'm given to believe can quote from the California Family Code in his sleep.
Not sure aboiut the MRCP, though.[/SUP]

Hello, county "a"- is Lenawee County--county "B" is Wayne County here in Michigan- The Defendant, in the county "a" filing did not know she had filed for divorce. So he filed as a Plaintiff before he got served with her papers.County "b" was not notified of a pending action by either party. So would HIS complaint have had any merit ? He didn't answer hers because he had his own action. It is confusing, but this default in the prior action has cost him dearly. Thanks again for any replies!

 

[Just Blue]

Hello, county "a"- is Lenawee County--county "B" is Wayne County here in Michigan- The Defendant, in the county "a" filing did not know she had filed for divorce. So he filed as a Plaintiff before he got served with her papers.County "b" was not notified of a pending action by either party. So would HIS complaint have had any merit ? He didn't answer hers because he had his own action. It is confusing, but this default in the prior action has cost him dearly. Thanks again for any replies!

Who are you in this case?

 

[Bali Hai]

Who are you in this case?

My guess is the plaintiff in county a or the defendant in county b.

 

[latigo]

My guess is the plaintiff in county a or the defendant in county b.

Well why didn't I think of that?

It sure blows away my guess of each county being blessed with both plaintiff and defendant - duhhhh . . . .