Amended petition

[irlyon]

What is the name of your state? Ca.

Back in 1999 my ex and I filed for divorce, there was a court date set but prior to the court date her and I reconciled and neither one of us attended the court hearing.

Then in 2004 we seperated, I moved to another city, which she was aware of. She told me that she was not filing for divorce, but did so behind my back. And knowing that I no longer lived in the same town, she mailed the hearing papers to my old house. She had my new address but wanted to make sure that I missed the court date so that she would be awarded everything, which she was.

My question is, since I was not served the second set of papers, ( notes in divorce file stating papers were returned) and I didn't file a response, is it legal to use my first response back in 1999. I thought that since neither one of us attended the court date, that the case was dismissed. Also she never filed an amended petition with the courts.

 

[LdiJ]

What is the name of your state? Ca.

Back in 1999 my ex and I filed for divorce, there was a court date set but prior to the court date her and I reconciled and neither one of us attended the court hearing.

Then in 2004 we seperated, I moved to another city, which she was aware of. She told me that she was not filing for divorce, but did so behind my back. And knowing that I no longer lived in the same town, she mailed the hearing papers to my old house. She had my new address but wanted to make sure that I missed the court date so that she would be awarded everything, which she was.

My question is, since I was not served the second set of papers, ( notes in divorce file stating papers were returned) and I didn't file a response, is it legal to use my first response back in 1999. I thought that since neither one of us attended the court date, that the case was dismissed. Also she never filed an amended petition with the courts.

Well...whether it was legal or not is really a moot point. It happened, and it happened in 2004. Since its now 2007, its really too late to do anything about it.

 

[irlyon]

I have been trying to get a set-aside for over a year now. The problem is that she works for a Lawyers office, and also knows everyone at the court house. I have a forensic report showing documents have been altered and forged in regards to our divorce case, but I am having trouble trusting anyone because of the fact of her employer. I might have to find someone out of town to represent me. You would be thrown back by all the evidence I have against her.