Legal Question in Family Law in California

Default Divorce

If your wife�s divorce case remains open, any divorce case you file in another state can likely be forced into dismissal on the ground that another proceeding on the matter exists between the parties.

With regard to obtaining a final judgment in your wife�s case, assuming it remains open, you can file your appearance in the case and push it to conclusion, even filing a counter-petition in the proceeding should you wish.

However, I suggest that final judgment in her divorce proceeding was indeed entered years ago. Just because you do not have a copy of the judgment document, does not mean it did not happen. Nobody was obliged to send you a copy of it � after all, you were in default because you didn�t respond.

Moreover, it is not reasonable to believe that your wife would remarry without obtaining a final judgment. She would have been able to conclude the case very very quickly and easily -- after all, you were in default because you didn�t respond. And bigamy is a crime. It�s nuts to think your wife expose herself to criminal prosecution and wreak havoc in her new relationship, just to stay married to you behind your back.

It�s also very unlikely that the assigned judge wouldn�t have made your wife�s case proceed to a conclusion, or be dismissed. Judges do not like old cases hanging around going nowhere. They set deadlines. They clear out old cases, one way or another (i.e., proceed or dismiss).

Now you say you will not remarry until you have a final judgment in hand. Nobody but nobody is going to place this document in your hand. Nobody. You�ll have to get it yourself. Try the court clerk�s office.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.

Default Divorce

If your wife�s divorce case remains open, any divorce case you file in another state can likely be forced into dismissal on the ground that another proceeding on the matter exists between the parties.

With regard to obtaining a final judgment in your wife�s case, assuming it remains open, you can file your appearance in the case and push it to conclusion, even filing a counter-petition in the proceeding should you wish.

However, I suggest that final judgment in her divorce proceeding was indeed entered years ago. Just because you do not have a copy of the judgment document, does not mean it did not happen. Nobody was obliged to send you a copy of it � after all, you were in default because you didn�t respond.

Moreover, it is not reasonable to believe that your wife would remarry without obtaining a final judgment. She would have been able to do it very quickly and easily -- after all, you were in default because you didn�t respond. And bigamy is a crime. It�s nuts to think your wife expose herself to criminal prosecution and wreak havoc in her new relationship, just to stay married to you behind your back.

It�s also very unlikely that the assigned judge wouldn�t have made your wife�s case proceed to a conclusion, or be dismissed. Judges do not like old cases hanging around going nowhere. They set deadlines. They clear out old cases, one way or another (i.e., proceed or dismiss).

Now you say you will not remarry until you have a final judgment in hand. Nobody but nobody is going to place this document in your hand. Nobody. You�ll have to get it yourself. Try the court clerk�s office.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.

Reply: Default Divorce

You should consult with an experienced family law lawyer in your home state.

Brian Levy, Esq.

www.calattorney.net

Re: Default Divorce

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 communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal 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, Tenants' Rights, and Juvenile Dependencies, 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; however, I would say that you probably can complete your wife's case in California. Contact an experienced Family Law attorney in the county where the divorce was filed for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.