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NeedAnswersFast

Junior Member
What is the name of your state (only U.S. law)? California
My fiancee was married over 6 years ago. They filed for a joint summary dissolution in Ca., after being married only 5 months. During the 6 month waiting period they conceived a child. She said she filed the Request for Judgment-Judgment for Dissolution of Marriage a little after the 6 month waiting period. My fiancee did not know he was supposed to receive any kind of confirmation, he just assumed everything was finalized as she said. It turns out she never filed the Request for Judgment. We now know he is still married. She moved to northern California during the 6 month waiting period, my fiancee has only seen the child once, she started a new relationship shortly after the child was born and has always told the child that was his dad. She never wanted child support, but my fiancee is still listed as the father on the birth certificate. She has never done anything to stop the summary dissolution, it is still open. Would it be possible for my fiancee to still file the Request for Judgment since it was started before the child was conceived or does the fact that the she never filed and the child was born, mean they will have to start over with a regular divorce. We are set to get married this August. Please help.
 
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Isis1

Senior Member
NeedAnswersFast said:
What is the name of your state (only U.S. law)? California
My fiancee was married over 6 years ago. They filed for a joint summary dissolution in Ca., after being married only 5 months. During the 6 month waiting period they conceived a child. She said she filed the Request for Judgment-Judgment for Dissolution of Marriage a little after the 6 month waiting period. My fiancee did not know he was supposed to receive any kind of confirmation, he just assumed everything was finalized as she said. It turns out she never filed the Request for Judgment. We now know he is still married. She moved to northern California during the 6 month waiting period, my fiancee has only seen the child once, she started a new relationship shortly after the child was born and has always told the child that was his dad. She never wanted child support, but my fiancee is still listed as the father on the birth certificate. She has never done anything to stop the summary dissolution, it is still open. Would it be possible for my fiancee to still file the Request for Judgment since it was started before the child was conceived or does the fact that the she never filed and the child was born, mean they will have to start over with a regular divorce. We are set to get married this August. Please help.
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honey, if he is still married, then you can't get married next month. at least not to him. not going to happen in 30 days. AND there is a child involved? your "fiance" better get an attorney at the very least to review the file to see what actually needs to be done.
 
N

NeedAnswersFast

Junior Member
Thank you, and yes I know I spelled "fiance" wrong in the post, I am very stressed. We have to postpone our wedding. And yes we know what needs to be done, we just don't know if we can do it, or do it the quick way, like we want.
 
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penelope10

Senior Member
NeedAnswersFast said:
Thank you, and yes I know I spelled "fiance" wrong in the post, I am very stressed. We have to postpone our wedding. And yes we know what needs to be done, we just don't know if we can do it, or do it the quick way, like we want.
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Not to be rude, but if your fiance knew he had a child out there, why has he just let things go this way? (Not seeing his child and not paying support)

This is not going to be an easy fix for several reasons.
 
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Golfball

Member
IsabellaSoriano said:
honey, if he is still married, then you can't get married next month. at least not to him. not going to happen in 30 days. AND there is a child involved? your "fiance" better get an attorney at the very least to review the file to see what actually needs to be done.
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It is possible to get a divorce in under 30 days from the date of filing, in some states. (Mine took about 2-3 weeks from filing to granting. However, it wasn't in CA, and you wouldn't be able to meet the residency requirement in time for the state I did get my divorce in.)

HOWEVER, all the ducks had better be in a row already (all property, support, and child issues need to be decided, and approved by a court, if necessary), and opposing parties need to be in agreement. (Which I don't think is the case in this thread.)

It's also more expensive, since it requires extra legwork on the part of one or both attorneys.
 
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CourtClerk

Senior Member
Now that there is a child involved, you CANNOT get a summary dissolution, because 1 of the requirements of a summary dissolution is that there are NO CHILDREN involved (amongst other things). The minute she found out she was pregnant a summary dissolution is off the table.

The case will have to be transferred to a regular dissolution of marriage, and good luck making that happen and finalized in 30 days. It's NOT GONNA HAPPEN - anywhere in CA. It'll take that long just to get a hearing set.

Next time, don't plan a wedding to someone who is still married.
 
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