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  #1  
Old 06-01-2003, 03:58 PM
Califmom63
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Contested divorce


What is the name of your state? California I filed for a dissolution of marriage. My husband filed a response stating the marriage is reconcilable. What is my next step? I need to detach myself from this person ASAP!
  #2  
Old 06-01-2003, 04:04 PM
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Location: Los Angeles, California
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Re: Contested divorce


Quote:
Originally posted by Randi563
What is the name of your state? California I filed for a dissolution of marriage. My husband filed a response stating the marriage is reconcilable. What is my next step? I need to detach myself from this person ASAP!

My response:

What is the date of your marriage?

What is the date of your Dissolution filing?

What are the assets and liabilities?

Are there children of this marriage?

Did you and he serve each other with an "Income and Expense Declaration"? Was there a response to that?

Have you served him with family law Interrogatories; i.e., Discovery?

IAAL
  #3  
Old 06-01-2003, 04:39 PM
Califmom63
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Question

contested divorce


Date of marriage 8/8/92. dissolution originally filed in 1997 but we reconciled for a period of time after that.There are no assets, only liabilities which can be worked out. Two children, ages 7 and 9. In process now of signing custody & visitation order. No we have not given each other an Income & Expense form or family law interrogatories.
  #4  
Old 06-01-2003, 04:52 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: contested divorce


Quote:
Originally posted by Randi563
Date of marriage 8/8/92. dissolution originally filed in 1997 but we reconciled for a period of time after that.There are no assets, only liabilities which can be worked out. Two children, ages 7 and 9. In process now of signing custody & visitation order. No we have not given each other an Income & Expense form or family law interrogatories.

My response:

If you're signing a custody and visitation order, and presumably you're living apart, and the Petition was filed in 1997, then there's obviously nothing to "reconcile."

Okay, your case will be diverted to Mediation for any current issues and, once a report is sent to the judge, then all you have to do is file and serve your Request for Entry of Judgment. However, as a prerequisite to entry of judgment with respect to the parties' property rights and/or liabilities, each party shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure and current income and expense declaration was made on the other party or that service of the final declaration of disclosure has been waived pursuant to Ca Fam §§ 2105(d) or 2110.

You'll get your trial hearing date. Your dissolution will be finalized, and the court will retain jurisdiction over the remaining issues; e.g., child support, spousal support (if requested), and visitation and custody.

Once the judgment is signed by the court, the clerk will enter it in the judgment book and notify the parties by mailing the completed Notice of Entry. The marriage is deemed "finally" terminated on the date specified in the Notice of Entry.

When was his response filed?

IAAL
  #5  
Old 06-01-2003, 06:26 PM
Califmom63
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contested divorce


His response was filed on appx. April 28th, 2003.
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