Legal Question in Family Law in California

Re: Divorce from husband who has remarried

Our Law Firm can affordably, effectively and VERY successfully assist/represent you here. Just email us directly with your timely request hereafter. In a nutshell, the process is as follows: You will file your Petition for Dissolution of Marriage along with a Summons along with supporting documents, depending on whether you have children and or property. Once your documents are filed with the court, you will have your spouse served. This sounds intimidating but the reality is, it's a very simple procedure, and it simply means that someone over the age of 18 who is not a party to your divorce case must hand the papers to your spouse and sign an affidavit. If your spouse is in a different state or in a different place you can most likely serve via certified mail. If you do not know where your spouse is, you will need to serve by publication which means you will need a place an ad in the local newspaper announcing the summons. Once your spouse has been served, you must give him/her 30 days to respond. If your spouse does not respond in 30 days, you will have the second set of papers prepared and file for a default judgment. This simply means that your spouse is not constesting the divorce or what you are asking for. If your spouse does respond, you will need to work together to come up with an agreement to file with the court along with the final papers or you will need to appear in court to let the court decide how things will be divided.

Regardless if you both agree to everything and you can get a signed judgment back within 60 days, your divorce will not be final until 6 months and one day from the date you filed the first set of papers. There is no way to shorten this waiting period, regardless of your case. Even a Joint Summary divorce takes 6 months. The second filing consists of the final papers asking the court to grant the divorce based on the things outlined in the petition. Your divorce will not be granted unless you have all of the required forms filled out the correct way.

Re: Divorce from husband who has remarried

File case for divorce fulfilling the requirement of prevailing law.

Consult the attorney/lawyer

Re: Divorce from husband who has remarried

Just file for a dissolution of marriage in the county in which you reside. State the date of separation as of the date the two of you separated. Then serve him with a copy of the petition. Wait 6 months and then get the judgment of dissolution.