Legal Question in Family Law in California

I am in California. My question is related to dissolution. I started a legal separation 4 yrs ago. Amended the pleadings to dissolution in 2010 then reconciled BEFORE the petition was served a year later. Now 1 year later to present, we have decided that the marriage will not work and want to complete the dissolution. Minor children are involved. Can I file another amended petition without going through the motion hearing on the amendment since the petition was never served?


Asked on 10/26/12, 11:27 am

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Generally, the rule is that you must serve the Respondent with your Petition within one year, or it will be dismissed. If she was served with the original Petition during the first year and now want to amend you should check with the court or the court website to see if your case has been dismissed for lack of prosecution. The court will dismiss it anyway, after five years, unless there are support orders.

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Answered on 10/28/12, 6:53 pm


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