Legal Question in Family Law in California
I filed for a divorce in 09 in San Francisco County, in Sept 2011 I finally completed the default/ judgement. Then in Oct 2011, I began speaking to my estranged husband again and filed for a dismissal.
Now, I am positive that I would like to complete the divorce. Is it possible to re-open the case? Or just refile the default package or do I need to start the case over from scratch?
4 Answers from Attorneys
If your dismissal was processed by the court, you need to file a new petition and serve your husband.
It is unclear from your question what the status of the default judgment and dismissal are. You say you completed the default/judgment. Was the judgment entered by the court? If so, your dismissal was too late and should have been rejected by the court. In that case, you are divorced and there is no need to re-open anything. Or did the dismissal go in before the default judgment was entered? That should have resulted in the default/judgment being rejected and the dismissal entered. If that is what happened, then it is as if you never filed the case, and you have to start over from scratch.
I agree with Mr. McCormick. You need to check the status of the case with the court. If it has been processed for a default judgment, then a judgment should have been entered, and the dismissal rejected. But if the dismissal has been processed first, then the case is dismissed and you will need to start over and file a new petition for dissolution of marriage.