Legal Question in Family Law in California
what is the statue of limitation to re-file a family law case dismissed without prejudice in california
2 Answers from Attorneys
There is no statute of limitations applicable. The dismissed case is not refiled. A new case would need to be filed.
I disagree with Mr. White to some extent. It is not clear what you mean by a family law case. In California there are different types of family law cases: petitions for dissolution, petitions for annulment, petitions for legal separation, paternity petitions, and Marvin Actions.
Some items asked for in a family law case are subject to statutory limitations. Family Code section 4009 provides that an original order for child support may be made retroactive only to the date of the petition, complaint, or other initial pleading. If you petitioned for paternity, seeking support, and filed a new petition, the child support award would only be retroactive to the date of your new petition.
In disputed paternity actions, there are also other statutory limitations. Family Code section 7540 provides that the child of a wife cohabiting with her husband, who is not sterile, is conclusively presumed to be a child of the marriage. This can only be rebutted by blood tests (now generally considered genetic testing) if the husband or presumed father files a motion within two (2) years of the date of birth.
I could go on, but as you can see from these examples, there are limitations with respect to certain remedies. You are going to have to be more specific.