If my divorce case was dismissed due to inactivity ans we are still in agreement that we want a divorce, is there any way that I can re-open the case?

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If my divorce case was dismissed due to inactivity ans we are still in agreement that we want a divorce, is there any way that I can re-open the case?

We have been separated for 6 years. Is there any way that I can re-open the case without waiting the 6 month cool-off period or will I have to completely re-file for the divorce? The average time it takes to get divorced in her state is only 60 days, so would it be more beneficial to have her file there?

Asked on August 30, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your soon to be "ex" essentially have an agreement with respect to your marital dissolution and the division of your assets and liabilities, I suggest that you both retain an attorney to draw up a marital dissolution agreement in conjunction with the filing of a new action in the soon to be "ex's" state of residence. There, you re-file the dissolution action in the state where you can get divorced in sixty (60) days on average and move forward with your lives.


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