Legal Question in Family Law in California

My wife and I have been seperated for 12 years. We were married in california where she has resided for 8 years, I live in Mexico and have had the same adress and telefone # for 20 years. We have four adult children with whom I am in regular contact

I sent my wife $500.00 usd to cover the filing fees and costs of a divorce after we had agreed that she would file for an uncontested divorce in California. We agreeed that all property had been divided and no support was due to either parties.

I have asked my wife on several occasions to provide me with a case # so that I could track the proceedings on line. She never provided the # saying that she did not have it because the case was being handled by a lawyer, then told me that she had "stopped the divorce because the court " made a mistake" on the papers and listed a a U.S. address for me. Then she stopped answering my calls.

I did a name search and found my case #. It reads:

Status - Pending

June 15 2011 Judgment Package Recieved 2336

April 29 2011 Proof of Service - Summons and Com

April 29, 2011 Request to Enter Default

March 23 2011 Summons - family Law

Proceedings Held - None

My wife continues to ignore emails and telephone calls and I am honoring my agreement not to involve the children.

It is very clear to me that my wife has claimed to the court that I have not responded or could not be served and is proceeding by default. I would like to know what she is hiding but the divorce documents are not available online.

I don't want to dismiss the case but I don't want a divorece without knowing the terms of it.

Since I have the case # can I fill out a response form and send it in. If i write to the court and explain my circumstanse, to whom do I adsress the letter?

I would apreciate any comments that you have.

Thank You


Asked on 7/08/11, 8:44 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to check the court file and make sure that the papers that she filed does not ask for things that you have not agreed to. It also sounds to me as though you have never been properly served. By defaulting, you are consenting to whatever relief she is asking for in the papers.

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Answered on 7/12/11, 11:13 am


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