Legal Question in Family Law in California
unfinished divorce
4.5 years ago, My wife filed for divorce. I foolishly thought by not filing my copy that I wasn't contesting it. I need to know if I need to finish that divorce or file for a new one.
2 Answers from Attorneys
Re: unfinished divorce
THAT DEPENDS UPON THE PLEADINGS THAT HAVE BEEN FILED IN YOUR CASE. A CASE NOT BROUGHT TO TRIAL WITHIN 5 YEARS IS DISMISSED, SO YOUR CASE MAY BE DISMISSED ALREADY. IT COULD ALSO BE DISMISSED BY THE JUDGE AFTER TWO YEARS, IF NO ONE HAS DONE ANYTHING ON THE CASE. GET A COPY OF YOUR FILE AND SEE WHAT NEEDS TO BE COMPLETED. IN THE ALTERNATIVE, IF YOUR ONLY ISSUE IS DISSOLVING THE MARRIAGE, YOU CAN DO THAT IN YOUR CURRENT STATE OF RESIDENCE. GOOD LUCK, PAT MCCRARY
Re: unfinished divorce
If the divorce was granted then it is final and you would have to file under the same case number to change anything. If the divorce was not granted, more likely than not it was dismissed either by the court or by your wife. If you want to file now, simply file in the county in which you or your wife lives and start from the beginning.