2nd Time Around

[MirandaEJ]

California -San Mateo County
We were married in Feb 1999 and filed for divorce in 2005. We had a separation agreement but never submitted the personal property forms so our divorce was not finalized. Since then we lived together in Nevada Cty for 5.5 years. It’s been 7 years since then and now Im finally ready for the 2nd Filing at the cusp off our 25 th anniversary.
Do I need to file in San Mateo Cty or in the county I’m currently in? Do I start a new filing or finish completing the original filing from 2005? Is the separation agreement still in place/valid since we lived together again after and never completed the original filing? Just needing a bit of clarification on how to proceed. Thanks in advance for any advice/suggestions. Eva

 

[adjusterjack]

The following article suggests that you might be able to finish your original divorce filing:

Is Your California Divorce Case Still Pending? - Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal

Check the case file.

 

[MirandaEJ]

The following article suggests that you might be able to finish your original divorce filing:

Is Your California Divorce Case Still Pending? - Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal

Check the case file.

Thank you. I will take a look and see if it’s still pending thanks. Have a great weekend!

 

[zddoodah]

Do I need to file in San Mateo Cty or in the county I’m currently in?

You may file in "the superior court in the county where either the petitioner or respondent has been a resident for three months next preceding the commencement of the proceeding." Code of Civil Procedure section 395(a).

Do I start a new filing or finish completing the original filing from 2005?

Assuming the prior divorce case was dismissed for failure to prosecute (which you should verify), you have to start from square one.

Is the separation agreement still in place/valid since we lived together again after and never completed the original filing?

No one who hasn't read that agreement can comment intelligently on it.

Just needing a bit of clarification on how to proceed.

Seek a consultation with at least one local divorce attorney.

The following article suggests that you might be able to finish your original divorce filing:

Is Your California Divorce Case Still Pending? - Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal

I'm skeptical about this for a bunch of reasons, not the least of which is that I doubt whoever wrote that 10-year old article has any/much experience with San Mateo County. Nevertheless, I certainly agree that the status of the prior case should be verified.

 

[MyAZLawyers]

Your situation has a few legal considerations regarding where to file, whether to start fresh, and the status of the separation agreement. Typically, you would file in the county where you currently reside, as courts usually require residency in that jurisdiction for a specific period before filing. Since your original divorce filing from 2005 was never finalized, you’ll likely need to start a new case because the old one is probably no longer active. The validity of the separation agreement may depend on its terms and whether your subsequent cohabitation could nullify it.