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Calif divorce,living apart for 1.5 yrs

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Delores Rose

Guest
California divorce. Have been married for 20yrs. living apart for 1.5yrs. At different ends of the state. Can I fill in my county or his? Do I have to appear in court? How long form filling date until divorce is granted? How long before I can remarry? No property, kids are over 18. We both agree on getting the divorce. How much will it cost me? Can I live out of the country while it is going on?
Please advise
 


I AM ALWAYS LIABLE

Senior Member
Delores Rose said:
California divorce. Have been married for 20yrs. living apart for 1.5yrs. At different ends of the state. Can I fill in my county or his?

MY RESPONSE: If you've met your 3 month residency requirement for your County, then you must file in your County.

Do I have to appear in court?

MY RESPONSE: If it's an uncontested divorce, then the odds are that you won't. If an appearance is necessary, you'll be sent a Notice from the court.

How long form filling date until divorce is granted?

MY RESPONSE: I assume your question is: "How long after I file will my divorce be granted ?" You kinda flubbed up on your sentence structure and words. Anyway, a California divorce takes a minimum of 6 months before it can be granted. The time starts beginning from the day after he is served with the papers. Remember to file your Proof of Service form with the court.



How long before I can remarry?

MY RESPONSE: As soon as you get the signed and filed divorce decree in your hands, you can get married.



No property, kids are over 18. We both agree on getting the divorce. How much will it cost me?


MY RESPONSE: If you do this yourself, the filing fee is $194.00, plus about $50.00 to have him personally served with the papers. Also, some extraneous long distance charges and postage.



Can I live out of the country while it is going on?

MY RESPONSE: If you are absolutely sure this will be an uncontested, default, divorce, then sure you can. Just make sure that someone at home can contact you "just in case" you need to leave the Riviera and get back home for this matter.

To be on the safe side, do not leave until the 35th day after you've had him served. You'll never know if he changes his mind, and responds to the Complaint for divorce. If he does, then "the fight is on" and you go nowhere. If he doesn't respond, then file your Default papers in court, and mail him copies of the Default notice and other papers; file the Proof of Service with the court, and then get outa town.

Good luck to you, and bring me a souvenir.

IAAL

 
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Delores Rose

Guest
Dear IAAL,

Thank you for your speedy reply. One more question for you.
How long is the process from the time I file the papers until he is served? Can I serve them myself? After 18 yrs we are still friends..

Regards
Delores rose
 

I AM ALWAYS LIABLE

Senior Member
Delores Rose said:
Dear IAAL,

Thank you for your speedy reply. One more question for you.
How long is the process from the time I file the papers until he is served? Can I serve them myself? After 18 yrs we are still friends..

Regards
Delores rose
My response:

Theoretically, you can file the papers on Monday, and have him served on Tuesday. You shall not serve the papers yourself. A disinterested 3rd person must serve the papers; e.g., anyone over the age of 18, who then completes, dates, and signs the Proof of Service form, and mails the same back to you for filing with the court.

To assure that everything is served properly, and that the Proof of Service is completed and filed with the court properly, I really recommend that you have an Attorney Service do this work. It's cheap insurance that all goes smoothly and correctly. The reason I say this is because each time a mistake occurs, plan on taking two steps backwards.

To further ensure that no mistakes occur, please get a "How To" book from a bookstore; e.g., Barnes & Noble, and follow the directions. These, and other questions you're bound to have, will be answered.

It's a good thing to remain on friendly terms. That's nice.

Good luck to you, Delores.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-21-2001 at 02:23 AM]
 

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