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?
2 Answers from Attorneys
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.
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.