Legal Question in Family Law in California
I got married may of 1999 and by sept of1999 we were legally separated,
we went our own ways. i moved to a different city and found someone new. heres my problem the courts say my divorce was not finalized i know that i filled out all the required forms for the divorce i had him served with papers in state prison were he was/ is, neither one of us are contesting anything its been 12 years and the divorce still not finalized. so what do i need to do to solve my little problem
2 Answers from Attorneys
You need to find out the status of the case you filed. If it is dismissed, you will have to file a new one, and have him served again. If it was not dismissed, you need to finish the divorce. You are not divorced and free to marry again until the court signs a written judgment that terminates your marital status.
What County was your paperwork filed in? Most cases are automatically dismissed after 5 years. Yours is well over 5 years, so you would have to go on the court website to find out what the status of your paperwork is. Most people have the misconception that just because they file and serve the initial paperwork that a divorce happens automatically. It does not. This is why it is not advisable to handle such important matters on your own.
I would suggest that you find a competent attorney in the County where you currently reside, as more than likely you will have to start from scratch.
BARRY BESSER
www.besserlaw.com
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