Quash and 3 Month other county living questions

[stevenlo]

Here is the scenario, a few questions follow that would ease my mind :

I was living and married to my wife in Orange County up until March 11th, 2001 when I moved out. I came back to live with my parents in Los Angeles County at that time. I was married to her for 4 1/2 years and we had no property and no children.

Around April of this year, I filed divorce papers and not too long after, I got a call from my wife's lawyer that the divorce papers were illegal because I have not lived in Los Angeles county for at least 3 months and he (the lawyer), would give me until the 25th of May to dismiss or he would take me to court for $3000 dollars. So, I immediately went to the court house and filed dismissal. I did this on the 23rd of May and the court house has a record of the dismissal on the 24th of May. Her lawyer sent me a letter yesterday saying that I did not file dismissal before the 25th of May, so they filed a "quash" to dismiss the divorce which I saw on the courthouse records as June 1st, basically a week after mine shows in my file.

Ok , here are a few questions I have :

1. Since I did file for dismissal before my wife's lawyer said I had until (May 25th), does that mean that I am ok and protected from the lawyers quash?

2. Since I will have lived here in Los Angeles 3 months on June 11th, should I wait until June 11th to re-file OR can I file in Orange County now or anytime to finalize this divorce?

I thank you for your assistance

 

[I AM ALWAYS LIABLE]

Ok , here are a few questions I have :

1. Since I did file for dismissal before my wife's lawyer said I had until (May 25th), does that mean that I am ok and protected from the lawyers quash?

My response : You never mentioned whether you served a copy of the dismissal on opposing counsel. That's probably where the problem is with this matter. I would send opposing counsel a copy of the dated dismissal along with a nice letter asking that he take his motion "off calendar". He might ask you for his costs and filing fee before he does so. Otherwise, he'll see you in court and ask for monetary sanctions against you, and probably win.

2. Since I will have lived here in Los Angeles 3 months on June 11th, should I wait until June 11th to re-file OR can I file in Orange County now or anytime to finalize this divorce?

My response : Now you can refile. You've now met the County 3-month residency requirement, as of June 12, 2001.

I thank you for your assistance

You're welcome.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-07-2001 at 04:13 PM]

 

[stevenlo]

Thank you

A Few other people have told me also to send a letter (nice letter that is) to the opposing counsel. Today I am writing up a letter and with it I am sending a copy of the dismissal from the courthouse.

Thank you about answering those questions....if anyone can offer any further advice that I should do or to protect me, I would appreciate it. Thank you!