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#769605 - 03/21/15 08:02 AM Started divorce in 2002
JenWhe Offline

recently joined

Registered: 03/21/15
Posts: 1
Loc: California
Hi all..
I have a unique situation in that my ex and I started our divorce in 2002 but didn't finish it. We had gotten as far as child custody agreement and listing property and debts. It was a huge ugly fight and he was fighting to make sure I didn't get a dime. I could not afford my attorney any longer and quite frankly couldn't handle the stress. Obviously the ex dropped the ball as well and a final dissolution never happened.

Here we are 12 years later and everything has changed. We no longer have small children to fight over, and any property and/or debts is long gone. I know I am entitled to half the marital assets he sold off but I don't want to even deal with it. I want to cut my losses and be done for good. We have lived separate lives for the past 13 years.

My question is do I have to start the entire divorce proceedings since it has been 12 years and nothing is the same? Can I file paperwork that says we have no property or shared debts? Will the proceedings take 6 months and a bunch of court appearances? If I was the respondent do I have to continue to file as such?

I can't seem to find the answers to these kind of questions. Any information would be greatly appreciated!

#769606 - 04/23/15 04:27 AM Re: Started divorce in 2002 [Re: JenWhe]
TBLegalShield Offline


Registered: 04/23/15
Posts: 37

I am also located in California.
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#769607 - 05/06/15 05:13 AM Re: Started divorce in 2002 [Re: TBLegalShield]
griffindoor Offline

recently joined

Registered: 05/06/15
Posts: 4
Hi Jen,

California family law attorney here. If a Petition for Dissolution is filed in California, and no one takes any further action on it, the judge can dismiss the action sua sponte after five years.

You will likely want to re-start the divorce process. You can do a default divorce - filing without having the court divide the property.

#769608 - 02/12/16 03:53 AM Re: Started divorce in 2002 [Re: griffindoor]
aut555 Offline

recently joined

Registered: 02/12/16
Posts: 6
Great help here. Sorry to hear, l am going through the same thing, but throw in severe emotional abuse, and he stole all my valuables, and my car vandalized. Sadly, l am older and l need the alimony. Ed Sherman /Nolo press has some great books for doing divorce. I ended up needing them because l kept getting screwed over by Calif. attorneys. There are even online divorce services for Calif as low as as 139.00 as long as you know where spouse is, no child support, nothing assets, or major debts. Calif court will allow divorce filed online. Good luck.


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