QUESTION: My boyfriend filed his petition for divorce 6 months ago in California. He is still in the process of finishing the paperwork. It is a long complicated process. Anyway, now his ex has decided that she is also going to file another set of papers. She was served, but did not file a Response, so can she file another petition for divorce?
MY RESPONSE:
So long as your boyfriend's wife was properly served, and a properly completed and signed Proof of Service was been filed with the clerk of the court (note that a party is not allowed to serve another party), your boyfriend's Divorce case is the only one that can exist. If the Proof of Service has not yet been filed, file it.
If his wife files and serves another Divorce case, your boyfriend will need to file a Motion in that case to Quash service and to dismiss that 2nd Divorce case, and attach to his Declaration a copy of the Petition and Summons in the 1st filed case, along with a conformed copy of the Proof of Service.
Inasmuch as you indicate that the process of finalizing your boyfriend's divorce is a long, complicated process, he should at least consult, if not retain, an experienced Family Law Attorney.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer 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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