Legal Question in Family Law in California

Can a defaulted divoce be transfered

My wife's attorney refiled for divorce in orange county, Ca the case was in default and the judge threw it out because she had not been a resident of that county long enough. My question is can her attorney refile in San Bernardino county court with the same paper work and will I be able to respond with mine or should I be preemptive and file for divorce first?


Asked on 2/28/07, 5:04 pm

1 Answer from Attorneys
Annette Goudy Law Offices of Annette L. Goudy, A PC

Re: Can a defaulted divoce be transfered

Her attorney can file a new case in San Bernardino county, however the default will not be transferred. You have to be served again, and you have another 30 days to file. Even if a default is taken against you, you have 6 months to set it aside, if need be. You can file first if you want. Just make sure the Orange County case is truly over first.

Good luck.

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Answered on 3/01/07, 10:16 am


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