Legal Question in Family Law in California
Divorce started 16 years ago
I flied for divorce 16 years ago, attorney never filed final papers. I discovered this a couple of years later, but never finalized it. Do I have to start over, or is there a quicker way to deal with it..I want to apply for a fiancee visa to Australia, but they say I need proof of divorce. what is dissolution, can I do that.
I was in a relationship for 15 years, two children 8 and 10, came of that relationship. We were never married. I want to take them to Australia with me..Visitation is absolutely fine with me, is there anyway that the kids' dad can stop me from taking them..
1 Answer from Attorneys
Re: Divorce started 16 years ago
Your first question could have several answers. If no orders were taken, your case could have been dismissed because there is a five year statuet to bring matters to trial and after than the case is dismissed. If orders were taken, you should be able to get you judgment entered fairly soon (maybe one or two months) of immediately if you husband signs a stipulation. If the judge has already ruled that you have a right to a dissolution, you might be able to get your dissolution entered effective when the judge said your marriage could be dissolved. Get a copy of your court file and take it to a competent attorney, he can advise you of your best options.
Can your children's father stop you from taking them to Australia, yes its possible. Don't try to shortcut this issue, get his permission before going, or ask the court for permission. If you leave without his consent or the court's consent, you could lose custody of your kids or worse yet be charged with child stealing. Talk to an attorney who can advise you of your rights and responsibilities. Otherwise, you're playing with fire and puting your kids through some major stress.