Legal Question in Family Law in California

I filed for divorce in 2001 and my husband defaulted. My lawyer had a straight-forward default but wanted more money on top of the $1,500.00 i'd given her. I refused. The court proceeded with a osc dismissal because I was out of state. I wrote the Judge explaining the circumstances. Can I re-file asking for summary dissolution since we have been separated for almost thirteen years and he defaulted in the original filing and can I file in California while residing elsewhere?


Asked on 12/07/13, 8:26 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You cannot file for summary dissolution, because you no longer qualify. To qualify for summary dissolution, you would have to have been married for less than five (5) years.

To get divorced in California, either you or your spouse must meet the residency requirements. Either you or your spouse must have lived in: California for the last 6 months, and the county where you plan to file the divorce for the last 3 months.

I don't know why you are so keen on filing for dissolution of marriage here, when you live elsewhere. I do suggest you get at least a consultation with a competent family law attorney.

Read more
Answered on 12/07/13, 2:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California