QUESTION
Where do we stand as being married or are we legally separated if we reconciled before completing divorce?
Asked on Mar 10th, 2014 on Divorce - California
More details to this question:
We never notified the court about anything. We decided to try again. We had figured child support and we were at the point of property though we didn't follow thru with anything. We live in California and I'm not sure if it makes a difference.
4 ANSWERS
IF you were married, did not complete the divorce process, you do not have a final Judgment of dissolution, you are still married.
Answered on Mar 12th, 2014 at 6:26 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The court will not have acted on your case unless you submitted papers for a hearing or a default judgment. You need to determine if a new petition needs to be filed, you did not say if you were separated for weeks, months or years before reconciling. If it is years you need to at least do an amended petition because the are probably additional community property or community debts .
Answered on Mar 12th, 2014 at 6:26 PM
If there has never been a judgment of divorce entered, you are still legally married. Congratulations
Answered on Mar 12th, 2014 at 6:26 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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It sounds as though you never took the case to either a dissolution judgment or a decree of separation, in which case you are still married . congratulations on reconciling and good luck for the future. For both sides sake regarding that future, you should both consult with your own counsel to discuss possible issues going forward while you attempt to reconcile. This will be time and money well spent .
Answered on Mar 12th, 2014 at 6:26 PM