Legal Question in Family Law in California

divorce

My wife filed for divorce in 2005 and again with an amendment in feb 2006. She served me and I sent in the paperwork for response but it wasn't filled out correctly. I was wondering if we can get the divorce final right now because it has been way over the six months waiting period. She is in california and I'm in the navy in Bremerton Washington.


Asked on 1/14/07, 10:13 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: divorce

When you say "it wasn't filled out properly" I assume you mean that your response was rejected because of some defect. You need to fix whatever the reason for the rejection was so that you are a proper party before the court. This can be done by mail.

Then, since as you say six months has passed, you can request that the court "bifurcate" the issue of marriage status and child/custody/support/property issues and grant the dissolution. That way you are no longer married. The court will reserve on the other issues. You can then come to terms with your ex and enter into a "Marital Settlement Agreement" on the remaining issues. This can become the basis of a final judgment if you two sign the agreement.

Since you are in the Navy, contact your JAG office and they should help you.

Good luck.

Read more
Answered on 1/14/07, 11:01 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: divorce

Your question is properly answered by a California attorney, but I want to add that the Soldier and Sailor's Relief Act will prevent her from taking any sort of default, so if you want to be divorced, you are going to have to cooperate with the process.

The bifurcation process might be useful if there are children involved, but otherwise, why not just get it over with?

There is an attorney I know and respect in Federal Way named Mike Aronoff who is licensed in both CA and WA.

If you need more specific advice, you could call him.

Hope this helps - Powell

Read more
Answered on 1/14/07, 11:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California