Where to file for divorce

[gooddadof2]

This post is going to be written by a friend who has no internet. I will let her take it from here.

I would like to know if a divorce is pending in one county can a person file for divorce in the county they got married in?

I dropped my three minor children ages 6 and under off to my father-in-law for temporary help. While dealing with the death of my mother.
They later put a amended order of protection on the children, against me. Then it was amended again and the children were taken off. The father  still has an order of protection against me and i have no way to my kids. He filed for divorce on June 17 and set the papers on the doorstep. I never signed for them. Is the divorce pending?
Bottom line he is an one county and filed w/no affidavit of service in place. Can i file in a another county>where we got married? Also he filed for emergency temporary custody and was denied. How do i see the kids and get back custody? We are in AZ and he is a retired army veteran, with a set disability pay, active ins and the apt we rented. What chance do i have?

[ocean]

First, I am not a lawyer, we are just people who have gone through the system and help each other.

1. You can not file in another county, they will throw it out based on another case is pending in his county.

2. What was the reason for the restraining order? Did you have a court date? Look at the papers carefully, there should be a date you can go and fight it and ask how you will see kids for visitation/custody.

3. Divorce papers- depends on the state but here, anyone over 18 just has to see you and hand you the divorce papers. If you refuse, they can put them on the ground. Then that person goes to a notary and signs a paper stating you were served. You knew the papers were there.

4. Look at the divorce papers- There should be a date to go to court or mediation. Read the papers, what is he asking for?

5. Go to the legal aid department in your area and see if you qualify for help. Most times they do not assist in divorce but you have a lot going on here and they may help you with the restraining order portion.

6. Go see a lawyer in your area for a free (or pay $50-100) consult and just see where you stand. Court takes a long time, years sometimes. You need someone to straighten out who has custody and the restraining order. For the kids to have a restraining order they must of told the court something.

7. Is child protective services involved at all? If so, do exactly what they say and be on top of them asking what is next and what else you can do to get kids back.

8. Do not break the restraining order, look at it carefully, are you allowed contact with the kids at all? telephone? email? You can go that court and ask the judge to modify it and be allowed an access way to see/speak to kids (maybe even through a therapist?).

Good luck...