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default judgement rejected-file amended petition?

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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
 


Zigner

Zigner

Senior Member, Non-Attorney
You should pick a thread and stick with it. You've started several threads over the last 10 months on this subject.


panther2009 said:
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
Click to expand...
 
M

mistoffolees

Senior Member
panther2009 said:
Husband and I married on oct 31.
Click to expand...
Congratulations:
283. Bigamy is punishable by a fine not exceeding ten thousand
dollars ($10,000) or by imprisonment in a county jail not exceeding
one year or in the state prison.

panther2009 said:
3) How will/might this affect legality of my/our marriage?
Click to expand...
In many states, your second 'marriage' would be voidable - which means that you void the marriage instead of going through the trouble of a divorce. After some (unspecified) period of time, it becomes difficult for you to do that.

However, in CA, the marriage is void from the start - you are not married.
Bigamy: A subsequent marriage or domestic partnership is illegal and void from the beginning if either party has a spouse or domestic partner still living unless the former marriage/domestic partnership was dissolved or adjudged a nullity before the date of the subsequent marriage/domestic partnership. [Ca Fam § 2201(a)(1)]

Get your divorce taken care of and then remarry husband #2.

And since you're clearly not able to follow the rules on your own, do yourself a favor and listen to your attorney.
 
P

panther2009

Member
thanx for input-just to be clear-it is not my divorce going on in california - its hubbies and his exes.
that said the poster who said i should not have planned wedding until papers were in hand-you are 100% right.
i wanted to pospone when his judgment was rejected the first time-but he called lawyers office and was assured that it would go through-and he said they told him when judge signed papers the marriage termination date would be retroactive to date of service october 15-so marriage on 31st would be ok even if judge actualy signed on later date. he said he suspificly asked and they told him that. i agreed to go ahead after being reasured by him, and he was reasured by attorney's office.
but things did not go according to plan.
i called the court clerk and she said he will be served with new petition after it's filed. at least 6 months waiting thing wont start from scratch-what bothers me though is clerk also said their divorce will be final on day judge signs-because 6 months has passed marriage date termination wont be based on date of service. so looks like iv got a mess.
 
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