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Statutes of Limitations

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lorduno1

Junior Member
What is the name of your state? California

Is there a statutes of Limitations for completing a Dissolution of Marriage?
 


I AM ALWAYS LIABLE

Senior Member
lorduno1 said:
What is the name of your state? California

Is there a statutes of Limitations for completing a Dissolution of Marriage?

My response:

No. Until a "Request for Dismissal" is signed by both parties and filed with the court, the action can remain active forever.

IAAL
 

lorduno1

Junior Member
State: California

In June 2002 Respondent received Bifurcation of Marital status. Original filing date was: March 1996. Marriage date:1989.

In July 2002 Petitioner filed motion to vacate order dated June 2002 based on "Statutes of Limitations" this motion was granted by Judge. With NO notice or approval/signature from Respondent.

Respondent was to re-marry in July 2002 and officially received notice of motion vacated the morning of wedding. Thus being the case was only able to have a so-called "Spiritual" cermony, because over 200 guest had arrived and a great deal of expense had been incurred.

A week later Respondent filed a Motion to Reconsider Order to Vacate. In September 2002 Respondent received "Dissolution of Martital Status Only" (assuming this was response to Respondents request to Reconsider) Respondent called attorney to verify validity of document and was told it was valid.

Two months later in Nov. 2002 Respondent and girlfriend went to County Clerks office with "Dissolution of Marriage" document again to verify with clerk's office this was a valid document. Respondent was told "Yes" it was valid. So a civil wedding cermony took place at the court house.

ONE YEAR later... Respondent received notice that "By way of clerical error" Dissolution of Marriage dated September 2002 was vacated.

Petitioner tried to have Respondent arrested, stated Respondent was a "Bigamist". After investagation by police dept. it was decided no action would be taken.

In complete frustration Respondent decided (after advice from attorney) rather than try to convince the courts to reconsider again, Respondent would file petition for Dissolution of Marriage thus now becoming "Petitioner".

Disolution of Marriage status only was finally granted July 2004. However the nightmare just now begins..... Petitioner could not understand why in the first place ex-spouse wanted original divorce vacated since they had been separated and living apart since December 1995. However ex-spouse now would make a false statement that new separation date was: May 2002. Which is completely untrue.

But it becomes clear...Petitioner had purchased a home with his then girlfriend/ now wife in Oct. 1999. This was post separation purchase and post-separation income used for down payment and closing cost. One-half of all money used to purchase was funded by girlfriend / now wife.

However, ex-spouse is now claiming she contributed $10,000.00 towards the downpayment of property. Which is completely untrue. To date ex-spouse has not provided any proof and has not cooperated with discovery process. Now ex-spouse is claiming community property interest.

Ex-spouse never filed an a motion to amend or modify original filing to include property. Now with new case filing states she wants spousal surport (which had been waived forever by both parties in previous case) and wants her name put on title of property and wants her so-called "share". She has placed a Lis-pendens on property.

This case will go to trial shortly. I feel confident with all my documentation -, I will prevail. However, I want to know if I have any recourse such as getting back my original divorce date 0f June 2002 with all the original stipulations and/or orders of the original case. And any other recourse that maybe in line.

I have incurred a great deal of legal expense and time in this case. I've been dealing with this ex-spouse for 10 years. I just want to know if I have any recourse what-so-ever.

I appreciate any help and/or advice. Thanks.
 

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