Legal Question in Family Law in California
Attorney withdraw
Back in 1999 my ex-wife had filed for a divorce. I was served the papers and I filed my response. About a week prior to the court date, my ex and I reconciled. Neither one of made that court date. What happens? Is that case dismissed? And regardless if, or if not we made that court date, should there be a minute order with the findings?
On 6-4-04 my ex-wife and I seperated, I moved away, but she knew where I was. While I was gone she re-filed the divorce papers, but mailed my documents to my old address I was at before I moved. I was never served, and never advised about the divorce being re-filed, so obviously I didn't make the court dates, and the judgement was in favor of my ex-wife. I thought that becuase I hadn't filed a reponse, or income and expense declaration, I could file a motion to set aside the default judgment.
I was denied, they said that I filed the response in 1999. That was 6 year prior, how can they do that. Our divorce file at the court house even has the returned mail that my ex-wife mailed to my old address, it's proof that I was never served for the 2004 filing. What can I DO
1 Answer from Attorneys
Re: Attorney withdraw
the title of your wuestion is never addressed so i will assume that your attorney for the motion has withdrawn, it is also unclear what is at stake should the judgmment be left to stand. technically i think you are corect in your belief that service was improper. you should have an appeal unless you have waited too long.
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