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Please help before it's too late...
I have lived in Kansas for over a year and my husband lives in Salt Lake City, Utah. Can the divorce be handled in Kansas if I have him served when he comes to town? My attorney says it's a 50/50 chance that the divorce can be completed here. We lived in Utah for 20 years but were married in Kansas. He will be in town soon and I am anxious to get a response as I no funds for another attorney.
thanks for helping me out.
D55

Hire another attorney. A family attoney should know 100% whether you can file in Kansas or not.

Seriously? I thought this attorney and part time judge seemed confident about 50/50 chance. Now though I wonder because I just got a certified letter for a divorce. Are you an attorney? I was never told that sending him a certified letter would start it going. Now it's too late; he's filed first. And I don't know any lawyers names there except what's on the list here.
What have I done? Possibly just screwed myself. Thanks for responding. If you have Any more suggestions, I'd sure be interested.
Dianne

If he filed first, then the court where he filed will hear the case UNLESS you can show that the court shouldn't have jurisdiction. If your husband filed where he has lived for the last 20 years, however, then the court won't cede jurisdiction.

Why is only 50/50 chance? A good FAMILY attorney should know full well the residential requirement and jurisdiction to file for a divorce. Usually you file where you married. If you hired a criminal or other type of attorney, he/she usually gives you this type of guessing. Family attorney works days in and days out and he/she should be familiar with this.

"Why is only 50/50 chance?"
Perhaps because it's possible for the husband to file first, as he did.

What's about local divorce laws? Shouldn't a family attorney know 100% about the requirements? The husband can file first but if it's not fulfill the local requirements, he can't proceed. My question was why a local can't figure out for sure? Perhaps, he/she is not an expert in that area.

Suppose for a second that she tells her attorney, "I don't know if my husband has filed yet in Utah." Would it be that unreasonable for the attorney to tell her that there is a 50/50 chance of being able to do the divorce where she is?