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submitting petition. (1 viewing) (1) Guests
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TOPIC: submitting petition.
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submitting petition. 4 Months, 3 Weeks ago
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If i submit a petition and she does also on the same day at different courts (as we haven't been in contact), what happens?
do the courts check with each other?
will the first one to be processed be the one they use?
any ideas?
cheers.
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Re:submitting petition. 4 Months, 3 Weeks ago
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Hi there
The courts do not communicate with each other, so if you file at X County Court and she files at Y then neither court will know about the other.
You would then have two petitions in existance which is not something that can procedurally continue. So the later one would be stayed while the first proceeded.
To ascertain which is first in time, they would check the date issued stamp (the date of issuing is not the same as the date of receipt in many courts). If these are the same there is likely to be a hearing where the judge will invite you to be pragmatic and agree which one should go forward. If you cannot agree he would decide which was the primary petition and which should be the cross petition. Very messy!
Amanda
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