Legal Question in Family Law in California
Re-Filing of Petition
Back in 1999 my now ex-wife filed for a divorce. I filed my response, but before our court date we had reconciled so neither one of us appeared for court date, nor did we notify the courts that we had reconciled. In June of 2004 we seperated again. My ex-wife re-filed for divorce, but I was never notified. We were divorced in 2005, they used my response in 1999. Can this be done? Can't I file for a Set-Asdie of Judgement. Wasn't she suppose to file a amendment on the original petition?
2 Answers from Attorneys
Reply: Re-Filing of Petition
In a general sense, there are a number of reasons why a Divorce Judgment can be set aside. One would have to review all of the documents from the court file, from your file and interview you personally, before a well thought out opinion could be provided. A copy of the court file can be purchased rather easily, and some of the information may be available online depending upon the county you are in.
For a specific opinion regarding your individual circumstances, 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 California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Re-Filing of Petition
You should discuss the facts of your case with an attorney. Courts will set aside the divorce regarding the division of property, but it is unlikely that they will set aside the dissolution of the marriage. You need to think about the reason why you want the court to set aside the judgment. Is there anything to be gained by such a act.
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