divorce law

[njoii]

time limits on date filed?

hi, my wife filed for divorce the day before we sould have been married for five years, so technically, we made the bracket for four years, to filefor summary dissolutions.but we never went through, choosing to be seperated...my question is
does this date still count as the date filed? or is there some kind of statute or time limit?
can we still use the summary dissolution? marriage date was june 5, 1995, filing date was june 4, 1999...all papers were stamped and sent to be served on this date.
we are in CALIFORNIA.......
THANK YOU SO MUCH........

 

[I AM ALWAYS LIABLE]

My response:

If the Petition was not served on the other party within 60 days from the date of filing, or the 60 days was not extended by the court, then your original filing is now "stale". As such, you must refile your Petition and you are no longer entitled to a Summary Dissolution.

But, as long as the both of your are in agreement about your property matters, and other money matters (and assuming you still have no children), a standard dissolution along with a Default, will not take any longer to complete.

The only real difference you're going to experience is that the filing fee increased to $194.00.

IAAL

 

[njoii]

but if i was served......

and we both never showed up to the date, is the file still stale???// thank you again..........and if it is still good, do i have to pay to continue with the summary dissolutionment?
and if it is stale, does the fee for the original filing apply? thanks

[Edited by njoii on 07-27-2001 at 05:12 PM]

 

[I AM ALWAYS LIABLE]

Re: but if i was served......

and we both never showed up to the date, is the file still stale???//

MY RESPONSE: Well, in that instance, the court merely dismissed the action altogether. When parties don't appear, there's little else for the court to do.


thank you again..........and if it is still good, do i have to pay to continue with the summary dissolutionment?

MY RESPONSE: You are no longer eligible for Summary Dissolution. You've been married for more than 5 years now.

and if it is stale, does the fee for the original filing apply? thanks

MY RESPONSE: You must start all over again and pay a new filing fee. That's because the earlier filing has been dismissed by the court. It's dead. It's over. Start over again.


Good luck to you.

IAAL