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Old 10-30-2010, 10:00 PM   #1
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Wife started divorce, stopped, started again.

My wife and I live in California. She separated, and filed for a divorce over a year ago. She was trying to keep the cost and process easy - those were my desires as well - so she filed the papers on her own. Along the way, she made some mistakes, and didn't follow up with correcting errors. She stated she would hold off, and look into the divorce later.

At first she was leading the divorce, and after what I have seen this past year, I want to start it back up again. Do I have start from scratch? Or can I open up the original, and request revisions?

 
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Old 11-01-2010, 01:54 PM   #2
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Re: Wife started divorce, stopped, started again.

talk to a lawyer.....

 
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Old 11-01-2010, 02:16 PM   #3
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Re: Wife started divorce, stopped, started again.

Quote:
Originally Posted by thisis View Post
My wife and I live in California. She separated, and filed for a divorce over a year ago. She was trying to keep the cost and process easy - those were my desires as well - so she filed the papers on her own. Along the way, she made some mistakes, and didn't follow up with correcting errors. She stated she would hold off, and look into the divorce later.

At first she was leading the divorce, and after what I have seen this past year, I want to start it back up again. Do I have start from scratch? Or can I open up the original, and request revisions?
I would call the local court clerk in your county. Explain what you wrote here and ask what your options are. My bet is that they have long since trashed your forms if they were never completed, but you never know.

The clerk can let you know what options you have and if you really need an attorney at this point.

 
Old 11-01-2010, 05:00 PM   #4
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Re: Wife started divorce, stopped, started again.

This isn't really a relationship question, more like asking for legal advice. Have you tried to work it out? Are you just done with the whole thing? What did she do that is making you want to start the divorce process again? Did she cheat on you or something?

If you've been married more than 10 years in Cali, be prepareed for having to pay alimony and for the judge to rule that the court has jurisdiction over your paying alimony indefinitely.

Last edited by Administrator; 02-03-2011 at 07:24 PM.

 
Old 11-02-2010, 02:01 AM   #5
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Re: Wife started divorce, stopped, started again.

Sounds like you don't own any real property nor that you have children. I suggest you both see a divorce mediator together. Can cut the cost of a full blown divorce by triple digits.
Kinda sounds like you initially didn't want the divorce?????

 
Old 11-02-2010, 05:56 AM   #6
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Re: Wife started divorce, stopped, started again.

As you want to start it up again this time I suggest you start from scratch. At least that way you would have some control and could chase up errors etc. It doesn't seem like leaving the ball in her court is the best way to go.

 
Old 11-02-2010, 08:37 PM   #7
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Re: Wife started divorce, stopped, started again.

You can get free consultations with lawyers - that might be your first start. Divorce can seem to take forever - been there done that. I had to end up getting a lawyer because emotionally I could not do it on my own. If you have the time and the energy to do it - you can file yourself. Do you want this divorce?

 
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