Legal Question in Family Law in California

unfinished divorce

My husband and I separated after 3 years. He filed for the divorce we both agreed to. The court said that they lost the papers he filed and that he is the only one that can go in to court and finish the divorce. He has disappeared and I want to complete this. The court said I can not refile. I cant find him and need advice.


Asked on 2/17/04, 10:56 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: unfinished divorce

Call for a consultation with an attorney. Best advice possible.

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Answered on 2/18/04, 11:10 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: unfinished divorce

I suggest that you go to the courthouse, pull the file, and purchase a copy of every piece of paper in the court file. Take the copies and 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 at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 2/18/04, 11:19 am
PATRICK MCCRARY PATRICK MCCRARY

Re: unfinished divorce

You have two options. The first is to file a response in the action that your husband filed and ask for a trial date. The length of time that it would take to get to trial depends on the county. Ask the clerk of the court or the facilitators office, if your county has one. The other option is to file a new dissolution action. If he can't be found you can serve him by publication. Have you tried one of the internet "PI's" to try and locate him? Good Luck, Pat McCrary

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Answered on 2/18/04, 11:37 am


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