dismissa??

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

I filed for divorce approx. 7 months ago all the paper work got filed stamped all that good jazz. And i just recieved a letter from the court to dismiss our case. Does that meen they wont grant the divorce and if so,how is that done? My ex and i have been apart now for two years this month. Way confused on this. any help would be nice

Have you had him served?

Was there a reason given for dismissal? The court generally won't dismiss a case without giving a reason.

no reason on the paperwork just a court date. and yes he was served.

Did you serve him and file a proof of service?

What have you done since then? And if you answer, you DID file a proof of service, then type word for word what the letter says.

yes he was served and yes i did take it to the courts andhad it filed stamped and dated. the letter gives me the court date and time and says
"You are hereby ordered to appear before the titled court,to show cause if any why the above entitled should not be dismissed for lack of prosecution"

Im so confused i was told by the family courts after the filing of the paperwork then it was basically a waiting game. The paper shows me as the petitionar and my ex as the defendant. UGH
Thank you for your help.

Unless you filed a summary dissolution (where no service would be necessary), then sitting on your butt after service WOULD allow the courts to dismiss your case.

You are responsible for moving your case along. Since you haven't done anything since filing the POS, the courts would like the open, dormant case off of their books. In order to do that, they issue an OSC re: dismissal. You don't just file and say... alrighty then.

i only did what the family court told me to do. they walked me through it step by step. helped me fill out all the paperwork and everything, even helped me find a dept. in the state my ex was living to hire for serving the paperwork. they told me it would be 6 months before the divorce would be final.

6 months and 1 day from the date he was served, PROVIDED you did all of the work, which you did not.

So at this point, start moving your case along. When you go to court, be prepared to show the court what measures you are taking to make the case come to some sort of disposition. If you can't, then they will.

wendytorments said:

yes he was served and yes i did take it to the courts andhad it filed stamped and dated. the letter gives me the court date and time and says
"You are hereby ordered to appear before the titled court,to show cause if any why the above entitled should not be dismissed for lack of prosecution"

Click to expand...

OK. It has NOT been dismissed.

The court is telling you that it WILL dismiss it on that date if you can't show that you're pushing it through.

So find out what you need to do to bring the divorce to a close. It's rarely a 'fire and ignore' matter.

thank you. i will.now i know why people hate divorces so much. grrr

wendytorments said:

thank you. i will.now i know why people hate divorces so much. grrr

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I don't think that's the reason...