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Summary Dissolution to Regular Dissolution

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justaquick?

Junior Member
What is the name of your state (only U.S. law)? California

1. Filed Summary Dissolution in 2003
2. Got Pregnant
3. Ex and I Stayed Separated This Whole Time
4. Want to Get a Regular Dissolution

My Question is Do we have to file the Revocation of Petition of Summary Dissolution, or Can we just file a new Petition for Dissolution of Marriage?

Or since it has been almost 7 years and there has been no activity on the original case since the day it was filed, Do we have to reopen the Petition for Summary Dissolution, then close it, then file the Regular Dissolution Petition?

Already went to court talked to the clerk and the self help center and got 2 different answers.
 


CourtClerk

Senior Member
The original petition for summary dissolution is no good anyway if it's 7 years old, and you can't do a summary dissolution if there are kids involved.

You need to dismiss the old case and file a new one.
 

justaquick?

Junior Member
I know the original Petition is not good because it has been so long.
I also know we can't do the Summary Dissolution because there is a child involved.
The self-help center said to reopen the Summary Dissolution,then close it.
Then file a Regular Dissolution.

The clerk said to just close the Summary Dissolution then file the Regular Dissolution under the same case number as the Summary Dissolution.

I wanted to know if we could just not do anything with the Summary Dissolution since it has been so long and just star fresh and file the Regular Dissolution?
 

CourtClerk

Senior Member
The self-help center said to reopen the Summary Dissolution,then close it.
Then file a Regular Dissolution.
You file a dismissal on the summary dissolution, then file for divorce in an entirely new case.
The clerk said to just close the Summary Dissolution then file the Regular Dissolution under the same case number as the Summary Dissolution.
That's incorrect.
I wanted to know if we could just not do anything with the Summary Dissolution since it has been so long and just star fresh and file the Regular Dissolution?
No, do the above.
 

justaquick?

Junior Member
Thank you very much. One more question, is a dismissal, the same as the Revocation of Summary Dissolution?

Or is the dismissal an entirely separate form?

Because my ex actually went down to the clerk of the court with 3 filled out copies of the Revocation of Summary Dissolution, but she told him to do something different. I told him to tell her there was a child involved, he didn't, so I think she assumed we wanted to continue with the original Summary Dissolution. Which we did not. Thank You.
 

CourtClerk

Senior Member
Or is the dismissal an entirely separate form?
Separate form. It's called a request for dismissal.
Because my ex actually went down to the clerk of the court with 3 filled out copies of the Revocation of Summary Dissolution, but she told him to do something different.
You need to dismiss the case....
I told him to tell her there was a child involved, he didn't,
In the grand scheme of things, it doesn't matter.
so I think she assumed we wanted to continue with the original Summary Dissolution. Which we did not. Thank You.
Even if you didn't say anything, no one with 2 connected brain cells thinks that one that comes in with a revocation wants to continue with a case...

Your problem is that they are not supposed to tell you what to do. You're supposed to know.
 

justaquick?

Junior Member
Ok thanx

My impression was she thought we wanted to continue with the case but couldn't because it has gone past 5 years, she told him to file a completely separate form from a dismissal and a revocation.
 

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