Ex parte divorce decree...............................................

My wife filed divorce in state A under 13 1 i though I am ok for divorce but I am not ok for her demands. She filed dv and later filed 498. All the matters are pending. I filed a counter divorce in State B under section 13. She is not appearing in the court in state B though twice summons have been sent by court. though I am appearing in all cases in state A. Can I get ex parte divorce in state B. What should I do so that so that ex parte order is not set aside. I am not worried about other cases as I just want to get rid of her through divorce, other cases may go on.

Answers (4)

186 votes

Try to get compromise in Sec.13(1) if not later filed complaint will be proceeded by her because 498 is only to harass you some how are the other, the divorce filed by is later case that is the divorce filed by you is later case the court may direct you in case if she files her objection court will ask you to withdraw the divorce or it will dismiss, since the divorce is already pending before one court. If you hide the fact of your divorce case she can show the court that prior case is pending and subsequent case should be stayed by filing the certified copies of the case.

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91 votes

Sir, Your wife already filed divorce petition in state A, and you have appeared in all her caaes in state A. Despite of this fact, you can not file again divorce petition. In case you already filed divorce petition in state B, it cannot maintainable as in the eye of law. My suggestion is that you have to contest the cases of state A. You don't bother about her demands, court will not listen her unfair demands.

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282 votes

If two separate states have jurisdiction over both parties to a divorce and each spouse files for divorce simultaneously, the divorce will be pending in both states at once. However, only one state can issue a final judgment of divorce. In some situations, a state may enter a default divorce against one person. If that happens, the court will have to exercise its authority to dissolve the marriage itself, but likely did not deal with any or all outstanding marital issues, such as property division, alimony or child custody and support. This is called a status-only divorce. Once this occurs, the other state cannot divorce the parties because they are technically already divorced. However, the second state may be able to exercise authority over the remaining outstanding issues, such as child custody and support. Therefore, you would have a divorce judgment from one state and a court order regarding marital issues from the other state. The divorce judgment would simply be proof you are divorced and the court order would explain your rights and obligations post-divorce. This will further tighten you to enforce the order of each state.

To avoid all these complications, it is better that you and your spouse mutually agree to proceed with one of the states courts and get all your issues sorted as both of you have filed for same concern. Further, it depends on the courts discretion to accept or reject the superseding case which was filed later on.
I hope this clarifies

122 votes

It appears that court notice has been served on you in the divorce petition filed by your wife. If that is so, then have you not brought it to the notice of the Court where you have filed divorce petition against her ? Placing one ex-parte depends on what the person does with the notice served on that person.

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