Legal Question in Family Law in California
I filed for divorce 4 months ago...I'm back to square one. Help!
I'm in Cali & I filed for divorce in April. Soon after I filed, my husband (let's call him Bill) filed a restraining order against me. At the hearing, his own lawyer told him dismiss the ridiculous request.
Bill took another lawyer to represent him in the divorce. It was at the hearing, my lawyer and I discovered that the case had been dismissed! Unfortunately, my lawyer had mistakenly checked off to dismiss the ''petition'' rather than only the restrain request a month before.
I was advised to still file a rebuttal to Bill's outrageous contest. My lawyer also wanted to file a Stipulation and Order to set aside dismissal based on the error. Though I (& Bill's divorce lawyer) soon signed it, apparently Bill's sig was still needed. It was finally filed a month later after Bill's lawyer faxed his signature.
I just discovered that the request to set aside the dismissal was denied! Now I'm back to square one & have yet to hear from my lawyer as to why it was denied.
Do I need to refile? Should I get another lawyer? I just want a divorce! Suggestions please!
Lily
5 Answers from Attorneys
Re: I filed for divorce 4 months ago...I'm back to square one. Help!
It seems that you are out your filing fees only. Perhaps your lawyer will pay to re-file the petition. Call me directly at (619) 222-3504.
Re: I filed for divorce 4 months ago...I'm back to square one. Help!
Simply refile a petition immediately. Good luck and thanks for inquiring.
Re: I filed for divorce 4 months ago...I'm back to square one. Help!
if you would like to email me directly with your contact information, i will give you a free evaluation/consultation regarding your case and how you might like to proceed in this matter.
Reply: I filed for divorce 4 months ago...I'm back to square one. Help!
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: I filed for divorce 4 months ago...I'm back to square one. Help!
The dismissal can be set aside by stipulation. If your husband does not want to cooperate you can file a motion to set aside the dismissal. This would allow the time for the 6 month waiting period to run from the time of the original service. If you refile then the 6 month waiting period will start at the time of service. It appears that your attorney made a simple error which he is working on correcting. If you are otherwise satisfied with your attorney there is no reason to change.
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