If I filed for dissolution in 2005 but my ex was not served,can I havethem nowserved with the old paperwork or should I close the old case and start a newone?

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If I filed for dissolution in 2005 but my ex was not served,can I havethem nowserved with the old paperwork or should I close the old case and start a newone?

The case is still open but since it’s been so long I’m not sure what to file next. Nothing has changed in the 5 years except our addresses. Neither of us are contesting the divorce, I don’t want child support, we don’t want the court to appoint visitation, and I don’t want alimony. What’s the easiest way to go about this?

Asked on March 18, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many states have in their procedural laws rules that determine how long pleadings (the summons and complaint) can be "out there" for service.  For example, in New York you have 120 days after you purchase your index number and file the summons and complaint to serve the opposing party.  If you need additional time you need to ask for it v=before the expiration of the 120 days.  6 years is an awfully long time and I can say with some degree of certainty that if there is such a procedural requirement in California you have blown the time frame permitted.  Check with the court clerks - they are very helpful as to the law but can not give you legal advice - as they know everything.  Then you may just have to purchase a new index number, change the dates and addresses and serve.  Your ex can even accept service.  But listen, you can not waive child support anywhere in the country.  It is not YOURS to waive.  As for visitation, you can not deny your ex the right to see his kids unless it would not be in their best interest.  Get legal help here.


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