Thought Divorce was Final

[edelx001]

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

My boyfriend recently found out that he is still married, by applying to the sheriff program they needed his history and documentation. He filed for divorce in 1998. He thought it was complete. His Ex/wife said she received something saying they are divorced. She has not been able to find that document. They are in good terms now and I know she does not want to be still married to him. I know he will need to refile. Is there anything special he needs to do since he technically has been married for 12 years. He left her in 1998 and can prove that. They do have a child together and he does pay for child support. I am 99% sure that no alimony will be filed since they have not been together in 10 years.

I will probably do the paperwork myself and just want to know if there is anything special we need to do, especially since we thought this was complete. We will also be doing this in a different county, should we go back to the county were he originally filed. That county does show that it is incomplete and advised him to refile for divorce.What is the name of your state (only U.S. law)? California

 

[mistoffolees]

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

My boyfriend recently found out that he is still married, by applying to the sheriff program they needed his history and documentation. He filed for divorce in 1998. He thought it was complete. His Ex/wife said she received something saying they are divorced. She has not been able to find that document. They are in good terms now and I know she does not want to be still married to him. I know he will need to refile. Is there anything special he needs to do since he technically has been married for 12 years. He left her in 1998 and can prove that. They do have a child together and he does pay for child support. I am 99% sure that no alimony will be filed since they have not been together in 10 years.

I will probably do the paperwork myself and just want to know if there is anything special we need to do, especially since we thought this was complete. We will also be doing this in a different county, should we go back to the county were he originally filed. That county does show that it is incomplete and advised him to refile for divorce.What is the name of your state (only U.S. law)? California

I don't think you want to go back to the county where it was originally filed. If they've both been out of that county for 12 years, it would no longer have jurisdiction. You'll want to file it in a county where one of them resides.

It sounds like a broken record, but you really need an attorney for this. There are too many issues that can crop up. Let me give you just one example. What happens if they file the new divorce and it is granted let's say 6 months from now (it may take longer, so don't make any marriage plans). Now, she decides that it's not so amicable and decides to sue for child support. All the money he's been paying for 12 years is going to be considered a gift or, at best, marital property. He could find himself owing 12 years worth of back child support plus interest.

If it's amicable and there are no major issues, it shouldn't cost that much to have an attorney do it. Doing it yourself could be many times as expensive.

 

[LdiJ]

I don't think you want to go back to the county where it was originally filed. If they've both been out of that county for 12 years, it would no longer have jurisdiction. You'll want to file it in a county where one of them resides.

It sounds like a broken record, but you really need an attorney for this. There are too many issues that can crop up. Let me give you just one example. What happens if they file the new divorce and it is granted let's say 6 months from now (it may take longer, so don't make any marriage plans). Now, she decides that it's not so amicable and decides to sue for child support. All the money he's been paying for 12 years is going to be considered a gift or, at best, marital property. He could find himself owing 12 years worth of back child support plus interest.

If it's amicable and there are no major issues, it shouldn't cost that much to have an attorney do it. Doing it yourself could be many times as expensive.

He probably does have a child support order, even if the divorce was never finalized.

However, I do think that they should make absolutely certain that the court file does not reflect that the divorce was final...if they have not already done so.

 

[Ohiogal]

You can not do the paperwork as that would be practicing law without a license. Hire him an attorney.

 

[edelx001]

Filing Paperwork

I did not think there would be a problem with me filing the paperwork since they are numerous sites on filing your own divorce. There are options 1- to do yourself,2- hire a parlegal (which I originally did when I got divorced over 13 years ago), 3- get a lawyer.

Also the county where we were going to file his paperwork through riverside county, ca has a program where it gives you step by step instructions online to do the paperwork. You also chose the choices filing with children, etc., So is this not the same thing does he not have these options. You mentioned I can't file since I am not a licensed Lawyer(attorney) - so why is their an option to do it yourself. Since he has a child is this different?

I do understand the importance of a lawyer. I have used a lawyer twice in my life. I know its their job to know the laws and know what they are doing. I also know how much I have paid for the two lawyers I have used in the past. I am just thinking if things are as simple with this divorce why can't we do it ourselves. I do not want to do anything against any rules, I figured if they have all this stuff to do it yourself then why not.

I was just concerned if there is anything missing or anything that I need to add or that I need to be aware of since he did have a case open 10 years ago. I also know this has happened a lot in the past and figured their had to be some advice out their in instances like this. The sheriff department is going to help us with looking into his case on what happened.

He does also have a child support order.

thanks for the advice

 

[CourtClerk]

I did not think there would be a problem with me filing the paperwork since they are numerous sites on filing your own divorce. There are options 1- to do yourself,2- hire a parlegal (which I originally did when I got divorced over 13 years ago), 3- get a lawyer.

Perhaps we were mistaken. We thought you were going to be preparing your BOYFRIEND'S divorce papers, not your own...

Oh wait... you are preparing your boyfriend's paperwork. Well, then you wouldn't be "filing YOUR OWN divorce." Key term being your own. If you are doing someone else's (including your boyfriend) you are practicing law without a license, which is, in every state, against the law.

 

[edelx001]

Filing For Divorce

Ok, one more time.

If he files his own paperwork on one of those Online forms, for Example Riverside County court has its own step by step instructions and forms to file for divorce. Then he is fine? I added myself because I would be helping him by gathering the information. But he would physically do it and sign it and everything else. He can do that correct? I was just concerned since he files 10 years ago if there was something special he needed to do.

Again I am not one to do things against the law and I figured this forum would help to make sure we had our facts or at least research what we could find out so this time everything would be in order and his divorce would be complete. I am looking into a lawyer as well, and a parelegal for him to see what HIS options would be.

Thanks again for the advice

 

[LdiJ]

Ok, one more time.

If he files his own paperwork on one of those Online forms, for Example Riverside County court has its own step by step instructions and forms to file for divorce. Then he is fine? I added myself because I would be helping him by gathering the information. But he would physically do it and sign it and everything else. He can do that correct? I was just concerned since he files 10 years ago if there was something special he needed to do.

Again I am not one to do things against the law and I figured this forum would help to make sure we had our facts or at least research what we could find out so this time everything would be in order and his divorce would be complete. I am looking into a lawyer as well, and a parelegal for him to see what HIS options would be.

Thanks again for the advice

If he prepares his paperwork, its legal.
If you prepare his paperwork, its illegal.

 

[djrambo08]

My exhusbands girlfriend (now wife) filled out his divorce papers and when they filed
the papers the clerk noticed the handwritting was very "pretty", so he asked them who
filled them out and proud as a pea**** she said "I did". Well the clerk asked if she had
a license to practice law and she informed him no she did not. The clerk then handed
the papers back to my ex and said "he needed to fill them out or hire an attorney"..
I laughed all the way down the elevator since I was with them when he filed...

 

[edelx001]

That is funny. I have a bunch of mechanics that work for me and I noticed one in particular his writing is very nice. I was shocked to find out that it was his paperwork.