DO I HAVE TO REFILE IF MY DIVORCE WASN'T FINALIZED?

QUESTION: Do I have to refile if my divorce was not finalized? Do I need to start from the beginning again or can I go to where I left off?

MY ANSWER: It depends upon whether or not the Court dismissed the case due to lack of prosecution, something that the Court is authorized to do if the case hasn't been resolved (by way of Judgment or Stipulated Judgment) within five years after the case was filed.

Typically, the Courts haven't been diligent in enforcing that 5-year rule, so there is a possibility that your case is still viable even if it is over five years old.

Check with the Court. If you case is still viable, you had better move quickly to complete it.

If you and your soon-to-be ex spouse file a stipulation to extend the five-year deadline, you can keep the case viable.

If you are past the five-year deadline and your spouse asks the Court to dismiss the case, the Court will dismiss the case.

The Court can dismiss the case of its own accord any time after the five-year deadline.

You can proceed under the existing case to bring the case to Judgment or Stipulated Judgment at any time before the case is dismissed, but you risk dismissal prior to Judgment if the case is over five years old.

You are not allowed to have two divorce cases pending at the same time.

If you refile after the case has been dismissed, the soonest that you could get a dissolution of your marital status would be six months after your spouse is served with the new case.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |