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We filed for divorce and went to court by never signed the final papers. It's been five years. Do we need to go back to court or can we just sign them now?
10 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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If no final papers were ever filed, the case is normally dismissed and you have to start all over again.
Answered on Jan 10th, 2014 at 8:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need the details, and to know what has been going on it the five years.
Answered on Jan 08th, 2014 at 10:47 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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The court will usually dismiss a case after 120 days for non-prosecution. You will need to refile.
Answered on Jan 08th, 2014 at 8:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The case has probably been dismissed so you will have to file again.
Answered on Jan 08th, 2014 at 8:23 PM
I would suggest you call the Court, speak with the Clerk about your situation. She/he will be able to answer your question. Good luck.
Answered on Jan 08th, 2014 at 11:37 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I would assume the case was long ago dismissed for non-activity. That would mean you would have to start over.
Answered on Jan 08th, 2014 at 11:37 AM
Check with the court clerk in your county to find out for sure. Sometimes civil cases are dismissed after five years but I don't think the same is true of divorce cases. If the two of you want to now proceed with the divorce, I think the old case can be re-opened. As I said, check with the court clerk in your county. Good luck
Answered on Jan 08th, 2014 at 11:37 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If you filed five years ago, the case has VERY likely been administratively dismissed by the Court for "lack of progress" - I would call the County Clerk to confirm 100%. Unfortunately, you will have to file a new Complaint for Divorce, and pay another filing fee, and start the case all over again.
Answered on Jan 08th, 2014 at 11:36 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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It depends on whether or not the case was dismissed. It probably has been dismissed and you will have to refile. It is rare that the court will keep a case on the docket for five years if there is no activity.
Answered on Jan 08th, 2014 at 11:36 AM
The court may have dismissed your earlier filing based on inactivity. You should contact the court clerk to see if that is what happened. If the case was not dismissed, you should be able to submit the final paperwork to the court to complete the original action. If the case was dismissed, you will need to initiate another filing for divorce.
Answered on Jan 08th, 2014 at 11:36 AM