If I'm respondent how do i finalize divorce when my response was was stricken from record 5yrs ago

[ACASTILLO]

What is the name of your state? CALIFORNIA

My ex wife filed for divorce and custody of our children in June 2012. The last thing filed on our divorce was:

• Amended Proof of Service filed on the 1st Amended Dissolution with Child(ren) with service date of 12/09/13
• Notice of Case Reassignment effective 01/20/15 for all purposes to Commissioner

I had fallen into hardship follow through with final part of the proceedings. My ex said she will take care the rest. However when I recently looked into remarrying I found that i am still married to my ex. I asked for her to help finalize the process and she refuses to do so, as she is afraid of deportation. She was already awarded custody of our children, but she never turned in her final judgment on her end, even after the judge has requested her to do so several times. We were still disputing her pension and a few other things. i was told my original response was stricken from the court record and its like i never responded. when asking the self help people at the court they just said i need to enter a request for judgment, but when I tried to do so the court said i couldn't. please help me with point me in the right direction of what i need to do, i can not afford a lawyer! i was told if she enter's before i do than i lose out on everything i was requesting?

 

[LdiJ]

What is the name of your state? CALIFORNIA

My ex wife filed for divorce and custody of our children in June 2012. The last thing filed on our divorce was:

• Amended Proof of Service filed on the 1st Amended Dissolution with Child(ren) with service date of 12/09/13
• Notice of Case Reassignment effective 01/20/15 for all purposes to Commissioner

I had fallen into hardship follow through with final part of the proceedings. My ex said she will take care the rest. However when I recently looked into remarrying I found that i am still married to my ex. I asked for her to help finalize the process and she refuses to do so, as she is afraid of deportation. She was already awarded custody of our children, but she never turned in her final judgment on her end, even after the judge has requested her to do so several times. We were still disputing her pension and a few other things. i was told my original response was stricken from the court record and its like i never responded. when asking the self help people at the court they just said i need to enter a request for judgment, but when I tried to do so the court said i couldn't. please help me with point me in the right direction of what i need to do, i can not afford a lawyer! i was told if she enter's before i do than i lose out on everything i was requesting?

You need to file for divorce. While it would be easier if she cooperated, you don't actually need her cooperation to get divorced.

 

[TigerD]

You need to file for divorce. While it would be easier if she cooperated, you don't actually need her cooperation to get divorced.

I'm not sure he can file. There is currently a case ongoing. He needs to hire an attorney.

TD

 

[PayrollHRGuy]

He needs to hire an attorney.

Or at least a one-time consultation to get it back on track.

 

[LdiJ]

I'm not sure he can file. There is currently a case ongoing. He needs to hire an attorney.

TD

I suspect that after five years, the case has been administratively closed. However, I do agree that he probably needs to hire an attorney.

 

[not2cleverRed]

What is the name of your state? CALIFORNIA

My ex wife filed for divorce and custody of our children in June 2012. The last thing filed on our divorce was:

• Amended Proof of Service filed on the 1st Amended Dissolution with Child(ren) with service date of 12/09/13
• Notice of Case Reassignment effective 01/20/15 for all purposes to Commissioner

I had fallen into hardship follow through with final part of the proceedings. My ex said she will take care the rest. However when I recently looked into remarrying I found that i am still married to my ex. I asked for her to help finalize the process and she refuses to do so, as she is afraid of deportation. She was already awarded custody of our children, but she never turned in her final judgment on her end, even after the judge has requested her to do so several times. We were still disputing her pension and a few other things. i was told my original response was stricken from the court record and its like i never responded. when asking the self help people at the court they just said i need to enter a request for judgment, but when I tried to do so the court said i couldn't. please help me with point me in the right direction of what i need to do, i can not afford a lawyer! i was told if she enter's before i do than i lose out on everything i was requesting?

Get at least a one time consultation with a lawyer.

If the "everything" you were requesting is monetary, weigh its value against the cost of a lawyer. If you can't afford a lawyer, and the $ is less than the cost of a lawyer, then make your peace, get it done, and move on.

I suspect that after five years, the case has been administratively closed. However, I do agree that he probably needs to hire an attorney.

The initial post didn't reflect that:

"i was told my original response was stricken from the court record and its like i never responded. when asking the self help people at the court they just said i need to enter a request for judgment, but when I tried to do so the court said i couldn't."

I would like to think that, were the case administratively close and not reopenable, that OP would have been told, "Due to the length of time, this case has been administratively closed. You will have to start over."

 

[LdiJ]

Get at least a one time consultation with a lawyer.

If the "everything" you were requesting is monetary, weigh its value against the cost of a lawyer. If you can't afford a lawyer, and the $ is less than the cost of a lawyer, then make your peace, get it done, and move on.



The initial post didn't reflect that:

"i was told my original response was stricken from the court record and its like i never responded. when asking the self help people at the court they just said i need to enter a request for judgment, but when I tried to do so the court said i couldn't."

I would like to think that, were the case administratively close and not reopenable, that OP would have been told, "Due to the length of time, this case has been administratively closed. You will have to start over."

What the OP was told, and what he wrote here, may not be exactly word for word.

 

[not2cleverRed]

What the OP was told, and what he wrote here, may not be exactly word for word.

Hence why a one time consult with a lawyer would be prudent.

 

[Greg901]

you should ask professionals