2nd divorce, in diff state, after original finalized in dec 2006

[soon2bstep]

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What is the name of your state?fl/ca

yes i reposted this, but it is a question that the lawyer i just gave money to find papers, hasnt looked for papers and will not return my calls.....

in december of 2006, my fiance and his ex were divorced in california. she knew of this, even called to ask when she'd recieve her final papers after he'd had her served the initial papers...
we found a "judgement" online this week which we thought was cs, and finally got the county clerk(s) where she lives to give us some information, and lo and behold, 3 months after ANOTHER STATE divorced them, she filed for divorce in FL...it was filed in march,2007 granted in october 2007...how does that work? papers also state husband was not present, and she could not locate him

here are my questions
1:can she file for divorce in another state as though the previous one never existed? she was served properly, even filed a motion to dismiss the divorce since she herself did not live there, and CA sent back a paper stating that due to his military obligation, he was automatically entitled to residency wether she lived there or not(not in those exact words of course)

2:we have cancelled checks and signature slips from packages showing that she had our address, and he also would talk to her/his son on the phone often...can her "omission" of that info have an adverse reaction on either of them, since she signed her affidavits stating she had no contact with him at all?

3:which divorce will be honored? the one from CA stating neither wants alimony, and custody cannot be settled due to child's residency, or the new one that may include custody/cs?

4:is this considered perjury?(he has no intention of asking the judge that, we both just find it strange and hilarious that she'd file for divorce, when they arent' even married, and were curious if she'd get into trouble for doing it intentionally!)

 

[nextwife]

If the divorce is already final, he needs to contact the clerk of courts where she has now filed and provide them evidence that a divorce is already granted and the current case cannot therefore proceed. He needs to have the case dismissed as they are no longer married.

 

[Zigner]

If the divorce is already final, he needs to contact the clerk of courts where she has now filed and provide them evidence that a divorce is already granted and the current case cannot therefore proceed. He needs to have the case dismissed as they are no longer married.

Umm, the 2nd "divorce" was granted in October...

 

[nextwife]

Umm, the 2nd "divorce" was granted in October...

Then he needs to contact that clerk of courts and ask how to proceed to reverse the judgement, as they were already divorced when it was granted.

 

[soon2bstep]

ok thx, he get's that part

but this new one apparently addresses custody and support, where as the CA divorce could not...does he just show proof of the divorce, then file the child supp/cust on his own, since that would throw out her filing, or would they withhold the cs/cc part, and throw out just the divorce?

 

[lwpat]

The first thing you need to do is to get a copy of the file from the Florida court. Right now you apparently don't really know what happened. You also need to do the same thing from the CA court. Then consult with an attorney. Since he hasn't remarried, whether he was divorced in CA or Florida doesn't really matter except as to which state will have jurisdiction to decide custody and CS, assuming alimony has not been awarded in FL.

If she has an attorney in FL, you need to provide him with your address and copies of the order from the CA court.

 

[soon2bstep]

he has an atty, although after paying him to simply get a copy of that paper and send it, he hasnt done it, and wont return calls...she says she cannot afford an atty, the clerk he spoke to says it does not mention alimony, just that he was not able to be found, and that it does petition cc/cs, and that the "husband" was not in court...

if this atty d/n get these papers, or call back, what can he do to get that money back? or do we chalk that to money lost

 

[Zigner]

he has an atty, although after paying him to simply get a copy of that paper and send it, he hasnt done it, and wont return calls...she says she cannot afford an atty, the clerk he spoke to says it does not mention alimony, just that he was not able to be found, and that it does petition cc/cs, and that the "husband" was not in court...

if this atty d/n get these papers, or call back, what can he do to get that money back? or do we chalk that to money lost

Child support may be ordered in either state. Are you sure that the second proceeding was actually a "divorce" and not a child support case? (I'll answer my question - you can't be sure of anything until you have seen the files.)