Legal Question in Family Law in California
I have a copy of all my divorce papers, however we never went back to court so the divorce is not final. She never responded after being served. What can I do? Is she in default? We have been seperated since 2005 and I'm ready to move on with my life.
2 Answers from Attorneys
You are going to need to find out the status of your case with the court. Some courts will dismiss a dissolution action when there is no activity on it, and no default has been entered by the clerk. Any attorney is going to want to know that information first. If it has been dismissed, you will most likely have to start back over again with the filing, service, and litigation of the divorce.
The matter, if over 5 years old, may be dismissed by the court for lack of prosecution in which case you will have to start again. If it has not been dismssed, you may be entitled to seek to take the other party's default. If you have the financial wherewithal you should retain the services of an attorney to assist you. This way you will be sure to have the matter properly completed and be in a postion to move on with your life.