My husband and I separated in July 2009, I moved to NYC he still resides Upstate NY. I filed for an Uncontested Divorce (on my own due to financial hardship), and attempt to serve him with the Summons with Notice and Verified Complaint. He knows that the Process Server tries to serve him but he is hiding because he wants to file for divorce against me “first”. Is it possible for him to file for a divorce in the same state (NY) but in a different County than the one I reside in, if I already filed for divorce with the court?
It is possible for him to file in a different county but generally the county where the plaintiff or the defendant resides is the one that has jurisdiction.
In the event of a conflict between two proper jurisdictions, the one which filed first generally will succeed. However, you must serve him before the time period runs out otherwise the case will be dismissed automatically and he’ll be able to file wherever he wishes.
Truthfully, it really doesn’t matter who files for the divorce first. Each party has an opportunity to file for divorce independent of the other parties claim.
Leonard M. Weiner, Esq. Divorce Solutions