Can I refile a divorce?

Tips on divorce for men considering or starting the divorce process. Get marriage separation tips for men in this divorce forum and child custody forum.

Can I refile a divorce?

Postby oc_dad99 » Fri Feb 10, 2012 10:53 am

I have a divorce in limbo, it is in the courts as "Off calendar" going on 6 months. Can I refile divorce papers? Divorce is taking place in California.

My ex has agreed to not respond so we can avoid the court room. We have a simple divorce, no financials or property. Nothing is being argued and she agrees with all the terms submitted. She just filed a Response when she didn't have to. She lives out of state.

It has been off calendar since 09/22/2011. I can give you more information (dates, docs filed etc.) if need be.

Thanks,

Jesse
oc_dad99
New
 
Posts: 3
Joined: Fri Feb 10, 2012 10:39 am

Re: Can I refile a divorce?

Postby Outis » Fri Feb 10, 2012 11:32 am

It's off calendar because nothing is happening. When you filed, you got a court date. Did you show up? What happened? She filed a response of some kind... What has happened from there?

You can always file a motion for default. Just make sure you follow the rules and have her served properly.
Itaque earum rerum hic tenetur a sapiente delectus, ut aut reiciendis voluptatibus maiores alias consequatur aut perferendis doloribus asperiores repellat
User avatar
Outis
1K+ Posts
 
Posts: 4626
Joined: Tue Dec 15, 2009 1:13 pm

Re: Can I refile a divorce?

Postby oc_dad99 » Fri Feb 10, 2012 11:40 am

Thanks for the reply. I filed the Declaration and summons. She should not have responded (since she has agreed to the terms) but she did and now we are stuck in the court system. That bring on a list of to-do's which include a class, mediation, filing back taxes etc. I have done most of my part but she is out of state dragging her feet. I am hoping I can do something to "start over" at the point where she does not respond and we can avoid the court room with all of the to-do's.

How does a default work?
oc_dad99
New
 
Posts: 3
Joined: Fri Feb 10, 2012 10:39 am

Re: Can I refile a divorce?

Postby Outis » Fri Feb 10, 2012 11:51 am

Really depends on where you're at and what the hold up is. I motion to compel might be a better option. She's dragging her feet on something....but what's she supposed to be doing? A motion to compel is asking the judge to tmirder her to do X.

A default is saying she isn't doing her part, so please just grant me what I want because she's clearly non-responsive and not interested in participating. Not sure how they handle defaults here, and it probably depends on your judge, too.

File for default with a drop back position of motion to compel? That might be a decent route.

Guessing you're in Orange County. If so I'll pm you some links ;-)
Itaque earum rerum hic tenetur a sapiente delectus, ut aut reiciendis voluptatibus maiores alias consequatur aut perferendis doloribus asperiores repellat
User avatar
Outis
1K+ Posts
 
Posts: 4626
Joined: Tue Dec 15, 2009 1:13 pm

Re: Can I refile a divorce?

Postby oc_dad99 » Fri Feb 10, 2012 11:59 am

Thanks again for the information. It helps clear some things up. I will research both motions to default and motion to compel.

Yes, I do live in Orange County :) Please send any information you think would be helpful, I would greatly appreciate it.
oc_dad99
New
 
Posts: 3
Joined: Fri Feb 10, 2012 10:39 am


Return to Before and During Divorce Forum

Who is online

Users browsing this forum: epsilon, Finz, hoosier_dad, hoot74, Tyrell, whatashock111 and 7 guests