Legal Question in Family Law in California
About my divorce...
HI,
I got married in December 6th, 1999 in El Dorado County, Placerville, CA. Our marriage didn't work out, so we separated on 08/18/2000. My ex-husband told me that he files for the divorce and told me that he'll be sending me the copies. I never recieved them. It's been almost a year since he said the divorce was filed. So I take it that he lied...anyway my questions is, since I have to file for the divorce all over again, is there such thing as ''speedy divorce''? Do I have no choice, but wait six months for the divorce process?'' You see, I met a wonderful man and we want to get married, sooner than later. And another question is: ''I have changed my name, legally, since the separation...I heard somewhere that if you change your name and do not change the marriage certificate to the new name, than the marriage becomes Void. Is that true at all?''
Thank you very much for your time and I hope to hear from you soon.
Lana
2 Answers from Attorneys
Re: About my divorce...
This message referred to both Texas and California, so I assume that you are in Texas now? If so, some things to consider. If your husband filed for divorce, there is a notice requirement in that you are served a summons notifying you that a petition for divorce has been filed. If you are not in California, you should still receive one if your future "ex" knows where you are. You may still be married, and nothing has been filed. If you are living outside of California, check with an attorney for the residency requirements in your state and you may be able to file in the county/state you are now living; as long as nothing has been filed in California. If you are in the Dallas-Fort Worth area, you can call me at 817 763-0600.
Re: About my divorce...
The dissolution can be six months from the date that the court has jurisdiction over both parties, in that they either appearred or were served with papers. Check the court in the county that you lived with your husband to see if he ever filed. There are ways to get the divorce earlier than the 6 months if he has in fact filed the action. Otherwise, you will need to file at it will take at least 6 months. Good Luck, Pat McCrary
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