Petition - filed but never served - still good?

[seekitout]

What is the name of your state? CALIFORNIA


We filed a petition for dissolution of marriage in 2003, but never took any further steps (i.e., never served the petition, never filed a response or an appearance stip waiver) due to some other family issues that led us to postpone the legal proceedings. It's a mutually agreed upon, relatively friendly divorce, and we've been completely separated since 2001. Time just managed to get away from us.

We're finally ready to finalize all the legalities, and just trying to find out whether we can still proceed with the original case filed in 2003 (we want to file an appearance stip waiver), or if an inactive filed petition has an expiry requiring a new petition to be filed, etc.

If anybody out there knows the answer, we'd be very grateful for your help! Thanks very much!

[LdiJ]

Originally Posted by seekitout

What is the name of your state? CALIFORNIA


We filed a petition for dissolution of marriage in 2003, but never took any further steps (i.e., never served the petition, never filed a response or an appearance stip waiver) due to some other family issues that led us to postpone the legal proceedings. It's a mutually agreed upon, relatively friendly divorce, and we've been completely separated since 2001. Time just managed to get away from us.

We're finally ready to finalize all the legalities, and just trying to find out whether we can still proceed with the original case filed in 2003 (we want to file an appearance stip waiver), or if an inactive filed petition has an expiry requiring a new petition to be filed, etc.

If anybody out there knows the answer, we'd be very grateful for your help! Thanks very much!

If I remember correctly CA does have a time frame where a case gets dismissed administratively, for being inactive. Somehow 2 years sticks in my mind as the time frame.