Full question:
My wife has filed two divorce cases against me, in two different counties in Pennsylvania. First one she’s filed in the county where we last lived and the second one in the county where she is now living with her parents. Can I get the second one canceled?
- Category: Divorce
- Date:
- State: Pennsylvania
Answer:
You can request to cancel one of the divorce cases, but which one depends on your current residence. The court will consider where both you and your wife live now. If you still reside in the county where you last lived together, you can seek to cancel the second case, which is in the county where she currently lives with her parents. If you have both moved, the court may determine that the first case is the appropriate one to continue.
To initiate this process, you should file a request with the court to stay the second case, arguing that it lacks jurisdiction due to the ongoing case in another court. Once you file this request, the court will decide which case to proceed with based on jurisdiction.
According to Pa. R.C.P. No. 1920.6: (a) If a second divorce action is filed in another county within ninety days of the first action, the court of the last family domicile will determine which case continues. If neither action is in the last family domicile, the first court will decide. (b) If the second action is filed more than ninety days after the first, it will be stayed until the first action concludes.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.