Legal Question in Family Law in California

amended dissolution filing

Filed divorce papers 1995 after publishing summons, still pending I&E submission. Kids are now 18+ and I located ''ex.'' Do I need to redo all original docs to finish this, or just submit the judgement forms?


Asked on 2/22/01, 4:53 pm

2 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: amended dissolution filing

I do not see the significance of having taken a "default" against your spouse, unless it is indicative of whether or nor the court has dismissed the matter. Unless the proof of service was filed with the court in a timley manner, given that the children were minors for the bulk of the time, it may be that the court may not have dismissed the action under the 5 year rule. You need to check to see if it is still an active case. If so, proceed with the next steps-default (if not done already) proof of the mandatory disclosure documents and then to judgment.

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Answered on 4/15/01, 2:35 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: amended dissolution filing

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

comm-limwith your

case; you should contact an attorney of your

choice for legal advice specific to your pe

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. That notwithstanding,

if you have already taken your spouse's default, you may

proceed to file the judgment; if not, you may

need to serve him again.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/05/01, 1:09 pm


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