Legal Question in Family Law in California

re-filing of divorce

I was served with divorce papers, and the proceedings were postponed for 30 days, but neither party went back to court to finish the divorce. Do I need to re-file, or can I continue with the original petition? Also I don't know where my spouse is now, wheather I re-file or continue the original petition, how do I proceed in not knowing where to serve the papers?


Asked on 9/23/03, 6:49 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: re-filing of divorce

The court file would need review to determine whether matter needs to simply move forward or new filing. Regarding location of ex, may not be too difficult and there are certainly ways to take action and finalize divorce even if not find him. Call to discuss. 800-685-6950

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Answered on 9/25/03, 11:41 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: re-filing of divorce

Without first reviewing the court file, and based solely upon the information that you have provided, the answer is yes, you would continue with the same action. In terms of how to serve your spouse, that depends upon the underlying paperwork.

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.com

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Answered on 9/23/03, 7:16 pm


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