- Jurisdiction
- Colorado
Hey there, I have a complex situation to try and untangle.
My seperated girlfriend filed for divorce in California, serving papers to her husband in Colorado on the 28th of January. He is a member of the army and CA is his state of residence. After she served him the papers and they had their initial hearing in CA, in which he was assigned a court appointed attorney, she was served in California by him for divorce filed in Colorado. He filled out her ssn and name incorrectly on the paperwork he filed. He is now back in ca visiting family and has dodged all process servers for her response to his divorce attempt in Colorado, so she has missed the response deadline to his divorce petition. My understanding is that since she filed, served him first, and an initial hearing took place in CA, her proceedings have precedence and his filing in CO should be dismissed, but she is unsure of the best way to respond to his own colorado filing since she could not serve him a response in time. He has diagnosed borderline disorder and ptsd and she has a military protective order in place, so direct mediation is not an option as he is, frankly, out of his mind and cannot be reasoned with. He initiated divorce in Colorado knowing she filed in CA specifically to try and spite her/gain control/whatever.
All that being said, what is the best way to deal with his Colorado filing now that her response date to his proceedings has passed? She had an attorney here but he cannot assist with advice since the ex filed in Colorado. She is getting a statement and paperwork from the process server on Monday. Should she forward her response to the Colorado County clerks office from our county clerk, or to him via certified/our county, even though her response date has passed, or something else?
Any advice would be greatly appreciated, and her and I will answer any follow up questions required. Thank you so much!
My seperated girlfriend filed for divorce in California, serving papers to her husband in Colorado on the 28th of January. He is a member of the army and CA is his state of residence. After she served him the papers and they had their initial hearing in CA, in which he was assigned a court appointed attorney, she was served in California by him for divorce filed in Colorado. He filled out her ssn and name incorrectly on the paperwork he filed. He is now back in ca visiting family and has dodged all process servers for her response to his divorce attempt in Colorado, so she has missed the response deadline to his divorce petition. My understanding is that since she filed, served him first, and an initial hearing took place in CA, her proceedings have precedence and his filing in CO should be dismissed, but she is unsure of the best way to respond to his own colorado filing since she could not serve him a response in time. He has diagnosed borderline disorder and ptsd and she has a military protective order in place, so direct mediation is not an option as he is, frankly, out of his mind and cannot be reasoned with. He initiated divorce in Colorado knowing she filed in CA specifically to try and spite her/gain control/whatever.
All that being said, what is the best way to deal with his Colorado filing now that her response date to his proceedings has passed? She had an attorney here but he cannot assist with advice since the ex filed in Colorado. She is getting a statement and paperwork from the process server on Monday. Should she forward her response to the Colorado County clerks office from our county clerk, or to him via certified/our county, even though her response date has passed, or something else?
Any advice would be greatly appreciated, and her and I will answer any follow up questions required. Thank you so much!