Legal Question in Family Law in California

Fl-970?

A week or so ago, I posted a question about discovering after twelve years that I am not really divorced.

So I have been instructed to file a request for final judegment nunc pro tunc. So, my questions are:

Is the form I want the FL-970?

I have moved a few times in the last 12 years and I have no idea where my ex is at - do I fill in the form with the same addresses as the original petition?

I have gotten married since then (which is why this is such a problem) - do I use my current name or previous name?

''The court acquired jurisdiction of the respondent on (date)'' - is this referring to the date the original petition was filed?

What is an Interlocutory Judgement for Dissolution - would that be when the judge verbally granted the dissolution at the settlement conference?

And one last question. Does the court send me a copy of the final judgement or do I have to request it?

Thanks much!


Asked on 3/07/06, 9:44 am

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Fl-970?

You need to file a noticed motion with a declaration stating how you had reached an agreement and thought that you were divorced. There should also be a Points and Authorities citing Family Code sec. 2346. Have someone else mail a copy to the other party's last known address and sign the Proof of Service. You always use the name on the case even though you have remarried. Turn in the Judgment and Notice of entry of Judgment and Envelopes adressed to each party. Ask the clerk if you have to appear or whether there is a tenative ruling in advance that you telephone to find out whether to go to court. I answered you first question as well so please email me directly if you're still having trouble at [email protected].

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Answered on 3/07/06, 7:10 pm


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