Is my default divorce petition still good? - Child Custody Law Questions and Answers- LawQA.com

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Is my default divorce petition still good?

I filed for a divorce in 2008. My partner did not respond, went into default. However, divorce never finalized. Is that divorce petition still valid?

Answer By John C. Volz
Law Office of John C. Volz
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Yes, the petition is still valid, however you will need to file a request to have it finalized.

Answer Applies to: California
Replied: 6/1/2011

Answer By Robert English
The English Law Firm
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It might be - you can check on the case status with the court clerk or possibly even online.

Answer Applies to: California
Replied: 5/31/2011

Michael Apicella
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Yes, it likely is, so long as the court did not dismiss your case. In some counties, if neither party shows up to the first status conference, a judge may dismiss the case. Call the court clerk and ask if your case is still open. If so, then you can proceed to finalize your case, either by default (if your spouse still doesn't respond), or hopefully by agreement (rather than litigation) if your spouse does respond before you seek a default judgment.

Answer Applies to: California
Replied: 5/31/2011

Answer By Paul Zahn
Law Office of L. Paul Zahn
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Yes. If you need assistance finalizing your case and you are in my area, please contact me for a free consultation.

Answer Applies to: California
Replied: 5/31/2011

Warner Center Law Offices of Donald F. Conviser
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The Petition is still valid, but you had better move quickly to avoid the Court's own Motion to dismiss for failure to diligently prosecute the case. After five years, the law mandates dismissal if the case hasn't been brought to trial or settlement. You would best be represented by an experienced Family Law Attorney.

Answer Applies to: California
Replied: 5/31/2011

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