QUESTION: Is my divorce case still good? I filed for a divorce in 2008. My spouse did not respond, and went into default. However, the divorce was never finalized. Is that divorce petition still valid?
MY RESPONSE: You would have received notice from the Court of the Court's own Motion to Dismiss for failure to diligently procedure if the Court had set such a Motion.
The Petition is likely 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, and your county may have rules requiring earlier dismissal for failure to diligently prosecute.
You would best retain an experienced Family Law Attorney to finish your divorce 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 |
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