Legal Question in Family Law in California
disposition
In California, on 12/26/06 the Status Hearing's disposition is 'vacated.' I filed/served 6/30/06.
It sounds like the divorce was abandoned and from the looks of the calendar of events leading up to the hearing, everything is 'not applicable' (filing, etc.) I'm confused...probably by the definition of 'vacated.' Can you help? Thanks.
1 Answer from Attorneys
Re: disposition
Law is wierd that way; words that you thought you knew the meaning of all of a sudden, in a different context, have very precise technical meanings.
This is the advantage of three years of law school, and I can only advise you as to what these words mean in Washington State, and in California, it might be completely different. Hopefully, a lawyer from CA will chime in.
Sounds like you are reading docket entries on line. The clerk makes those entries, and the clerk's take on what is happening may or may not be accurate.
You started a dissolution action by filing and serving your ex last June. Have you done anything else since then? If not, chances are the Court wants you to come in for a status conference so the court can understand why this is happening or what you are trying to do.
You can't abandon a civil action. You prosecute it or you don't, and if you don't the court will not do it for you.
You probably received a notice telling you that if you didn't file something, or take some action, that the court was going to dismiss your case.
Not "Vacate" your case. Dismiss.
What may have been vacated is whatever happened at the status hearing. Or, the entry is an error.
Vacate is what happens to criminal convictions when the wrongdoer applies to have the conviction removed from his record.
I know this sounds really confusing, but each noun in the law has its very own modifing verb, and no other.
I can't imagine this is helpful, but it's not for want of trying! Powell