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| Divorce, Separation, Annulment All issues concerning dissolution of a recognized relationship. |
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#1 |
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My three year old daughter, wife and I live in Montana. My wife is a Korean national with a LAPR card, my daughter and I are U.S. citizens. My wife and I were married in Seoul in April of 2003. I hired a Korean lawyer and filed for a divorce in the South Korean court system on March 21st, and my wife was served on the 4th of June 2008.
My wife is seeking leagal help here in Montana and wants to file for divorce here in Montana after she has already been served. What jurisdiction will the court system in Montana have? Can she legally file for a divorce in Montana after she has already been served with papers thru the Seoul Family Court system in Korea. |
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#2 |
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Top Level Member
Last Online:
08-01-2008 09:27 AM Join Date: May 2007
Posts: 679
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If South Korea has valid jurisdiction then normally a second court will not take the case.
Your SK lawyer could have the court confirm that it does have jurisdiction. |
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#3 |
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The Korean court served my wife at her last known residence in Korea and I served her with a copy of the paperwork from the Korean court in the states. If the Korean court already served her, doesn't that mean that they have taken jurisdiction over the case?
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#4 |
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My wife has served me with papers on June 25th at our residence in Montana. The court date for these papers are for the 31st of July.
Our first court date for the order I served her with on the 5th of June from Korea is on the 14th of July. I will be retaining a lawyer here in Montana on Tuesday to rebutle her proposed parenting plan and notify the judge that there has already been an action filed in the Korean court system dated 21 March. Any advice on what I can do to have the Judge dismiss the case in Montana since the action has already been filed in Korea. |
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