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I have been married since 2004 and my husband went to prison for 12 years. I filed for a Summary dissoultion in September of 2004 and he signed all the paperwork as well. The only catch is that during the 6 months of waiting, he filed a Revocation form in February of 2006. Now, I am not able to get a quick divorce and I wasted $350 of my money. How do I refile for a regular divorcenow? Will he still be able to dtop that one from going through? I can't start any other relationships right now until I get a divorce and I can't if he isn't willling to. I don't have much money for a lawyer, but I do have a friend that could help. But, at the end, I would have to pay for his services. I want to be able to do this on my own.

2006-07-09 15:58:35 · 4 answers · asked by princessbaby_gina21 1 in Family & Relationships Marriage & Divorce

4 answers

since you were able to file for a Summary Disso. then filing a regular Dissolution should be fairly simple since you have no children or assets together. in a regular Dissolution, you do not need the other parties signature. the divorce can go through with out it. if he doesn't respond 30 days after being served you can then file for Default. to get the process started all you really need to file is the Petition(fl-100) and Summons(fl-110). 2 fairly simple documents. you wont need an attorney. and you would file your default documents later. however the fact that he is in jail complicates the process a little. i would reccomend that you see your local court Family Law Facilitator. all california courts have them. basically its an attorney who will help you fill out your documents for free. check out the info links i am sending and good luck!

http://www.courtinfo.ca.gov/selfhelp/lowcost/qa-flf.htm
http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
http://www.courtinfo.ca.gov/selfhelp/family/divorce/
http://www.courtinfo.ca.gov/cgi-bin/forms.cgi
http://www.courtinfo.ca.gov/selfhelp/glossary.htm#D

2006-07-10 15:01:35 · answer #1 · answered by m 4 · 4 1

Try Legal Aid....its usually free and they can at least explain what the laws are.

I'm pretty sure that no-fault divorces are not arguable.

good luck.

2006-07-09 16:01:57 · answer #2 · answered by werk2much2000 4 · 0 0

unfortunately, he will probably contest it every time you file, i think i would just go on with life...

2006-07-09 16:01:12 · answer #3 · answered by bronzebabekentucky 7 · 0 0

wow,
i think you may be stuck with him,

2006-07-09 16:02:10 · answer #4 · answered by ♥♫♥Ashlyn♥♫♥ 4 · 0 0

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