Should I open a new divorce case if I filed for divorce several years ago?

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Should I open a new divorce case if I filed for divorce several years ago?

I filed for divorce back in 08/08 and nothing has happened. I have not seen a judge and I don’t know what to do next. We have 2 children who live with me; no personal assets acquired during the marriage.

Asked on May 7, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

I think that the advice of my colleague is sound but you need to also make sure that the matter is not listed as abandoned by the court.  You also did not state if you ever served your spouse or really what stage of the litigation you were at when you stopped doing anything on the matter.  That will have a bearing on how you are going to proceed.  here may be procedural hurdles that are too difficult to get over at this time and it may be that it is easier to voluntarily discontinue the case and start another action - although be aware that sometimes this is NOT permitted in certain actions so check.  If you are pro se I would consider consulting with an attorney at this joint in time.  Good luck to you.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should continue with the same case and not file another divorce case.  

If you know the case number, you could go to the court where your case was filed and ask the court clerk to see the file.  You won't be able to remove the file from the court, but can ask the court clerk to photocopy the file or any part of the file you need.  Without additional information, it is not possible for me to determine why nothing has occurred in the case.  It may be that some required form/document was not included when you filed your case.  Looking at the file will tell you the status of the case.  Although the court clerks cannot give you legal advice, they might be able to tell you why nothing has happened in the case by looking at the file. 

If you don't know the case number, you can obtain it by looking for your name in the court's computer.  You will need the case number in order for the court clerk to locate your file.


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