Legal Question in Family Law in California
Divorce
I was married for 11 years, 2/23/85 - 9/1/96, Wife petitoned for divorce. Child custody (3 children) Property, I filed a response with an attorney. During the procedures, my wife's attoney of record died, after which, there was no further work done on the divorce by either myslef, or my x-wife. We do not have a Judgement (final) recorded, not did we ever receive such.
Am I still married to my x-wife (wife) ??
3 Answers from Attorneys
Re: Divorce
I would advise you to first obtain a copy of the court file to find out what documents were filed with the court. Based on the provided information, most probably you are still legally married and would need to dissolve your marriage. However, there is a statuory time limit to bring a civil action to a trial or a judgment. Thus, from the date of filing of the divorce action parties have five (5) years to a finalize the case, however there may be some factors that extend the five years statute(i.e., court order for support). If you need more information or would like to finalize your divorce case you may contact my office so I would provide you with a free initial office consultation. I may be reached at (213)252-7200.
Reply: Divorce
In a general sense, based upon what you have described, you are not divorced yet. In order to answer your question with specificity, one would need to review the underlying documentation and or court file.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Divorce
BASED UPON THE INFORMATION PROVIDED, IT APPEARS THAT YOU MAY NOT BE DIVORCED; HOWEVER, A FULL PERUSAL OF THE FILE WOULD BE NECESSARY FOR A DEFINITE DETERMINATION. YOU INDICATED THAT THERE WERE CHIDREN, ARE THEY STILL MINORS? ARE THERE RETIREMENTS INVOLVED REQUIRING PREPARATION OF QUALIFIED DOMESTIC RELATIONS ORDERS? YOU ALSO INDICATED THAT THERE WAS PROPERTY INVOLVED - IS THERE ANY REAL ESTATE? PLEASE REMEMBER, THE VALUE OF THE PROPERTY WILL MOST LIKELY BE VALUED AS OF TIME OF TRIAL.
IF, IN FACT, YOU ARE NOT DIVORCED, THEN YOU SHOULD IMMEDIATELY CONTACT YOUR ATTORNEY TO RECOMMENCE PROCEEDINGS. IN THE MEANTIME, YOU SHOULD NOT REMARRY. IF YOU ARE NO LONGER REPRESENTED BY AN ATTORNEY, PLEASE FEEL FREE TO CONTACT US.
BEST REGARDS, DAMIAN NOLAN.