panther2009
Member
What is the name of your state (only U.S. law)? - California-ok my husband and I married in 2006-problem was he was knowingly still married to his ex. I found out in December 2009. In April 2010 his ex filed for divorce in california ( husband and I live in Oregon). Husband and I planed for a remarriage at end of Oct.- mandatory 6 month period was to be up by then, and divorce from ex suposed to be final.
Ex's lawyer submitted final judgment papers to court on Oct. 6. They were rejected by clerk upon review-on oct 15. Husband and I were due to be remarried on oct 31-I expressed concern his divorce would not be finalized on time and sugested we pospone out wedding.
Husband called petioner's attorney oct 19-and was told papers had been fixed and resubmitted-final divorce date would be retroactive to date of service-(this would mean their divorce would be final oct 15-so there was no problem-and lawyers office was sure judgment would go through this second time).
Husband and I married on oct 31. petitioners attorney filed proof of service, expense and income, decloration of disclosure, and request to enter default on nov 3.
HOWEVER- I was just online and noticed the judge rejected the default judgment on nov 4-petioner's attorney needs to submit amended petition that matches what is requested in judgment-aparently community property listed in judgment was not listed in original petition.
SO my questions are-1) will my husband have to be served with amenede petition? 2) will this start the 6 mo clock all over again, or no since it's purpose is to match judgment? 3) How will/might this affect legality of my/our marriage? - Thanx so much in advance for any help/insight
P.S. husband never filed response/anything in court
Ex's lawyer submitted final judgment papers to court on Oct. 6. They were rejected by clerk upon review-on oct 15. Husband and I were due to be remarried on oct 31-I expressed concern his divorce would not be finalized on time and sugested we pospone out wedding.
Husband called petioner's attorney oct 19-and was told papers had been fixed and resubmitted-final divorce date would be retroactive to date of service-(this would mean their divorce would be final oct 15-so there was no problem-and lawyers office was sure judgment would go through this second time).
Husband and I married on oct 31. petitioners attorney filed proof of service, expense and income, decloration of disclosure, and request to enter default on nov 3.
HOWEVER- I was just online and noticed the judge rejected the default judgment on nov 4-petioner's attorney needs to submit amended petition that matches what is requested in judgment-aparently community property listed in judgment was not listed in original petition.
SO my questions are-1) will my husband have to be served with amenede petition? 2) will this start the 6 mo clock all over again, or no since it's purpose is to match judgment? 3) How will/might this affect legality of my/our marriage? - Thanx so much in advance for any help/insight
P.S. husband never filed response/anything in court