QUESTION
Is there an expiration date on divorce paperwork that is filed?
Asked on Aug 06th, 2015 on Divorce - California
More details to this question:
I file for divorce from my wife February 2013. In that same month I also served her. I was told that I had to give her time to respond. After a month with no response, I returned to the court house and explained my situation. From my knowledge, if she does not respond in the given amount of time, her signature could be excluded. And I would be able to continue to follow through with the divorce. But upon being seen at the courthouse, the front desk told me that I would not be able to continue without her paperwork. After continuous tries to reach her, they all failed. But in February of 2014, a family member reached her. She has confirmed that she received the paperwork when I originally sent it. She just did not bother with it. Now she is going to send me the signed paperwork. But the problem is that I am currently deployed in Afghanistan. I am to return in March of 2015. My question is, am I going to have to file the paperwork again? Or did I even have to wait for her paperwork to continue on with my divorce?
2 ANSWERS
You need an attorney to represent you and make sure the case isn't dismissed due to you being deployed and not able to attend your required court appearances. Because you are the petitioner, you MUST be at specific court dates or run the risk of having your case dismissed and then having to start from scratch.
Answered on Aug 12th, 2015 at 1:51 PM
If she has not filed a response file a request to enter her default and proceed without her. If she has filed a response file an at issue menu to get a settlement conference and trial
Answered on Aug 06th, 2015 at 3:32 PM