Legal Question in Family Law in California

Father has left the state for 17 months....how can i file for a divorce..or will

My husband has left calif and moved to Florida 17 months ago....he calls once every two months and does not want to talk to his 4 year old daughter....i am planning on getting re-married once my ex and I are offically divorced....my question is will the marriage disolve at a pre set time or will i have to file and if so how do i start the process...money is a key issue


Asked on 11/24/00, 3:17 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Father has left the state for 17 months....how can i file for a divorce..or

A divorce does not automatically happen. You must file papers with the Superior Court and will take a minimum of six months before the divorce his final. You need to file a petition for dissolution of marriage. You can purchase the forms from the court clerk.

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Answered on 11/29/00, 4:17 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Father has left the state for 17 months....how can i file for a divorce..or

You must file a petition for dissolution on your own!! You are also entitled to child support from the father and the longer you wait to file an action the longer it will take to get child support. You can go to the District Attorney to open up a child support case but you will need to file for divorce on your own. Since the father is out of state I recommend that you do get an attorney because you will need to file a uniform child custody declaration. I do payment plans in these types of cases. If you are located in Southern California you can call me at 818-342-8020 x1

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Answered on 11/29/00, 5:38 am


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