My father who is 84 thought he was divorce. Him and he ex wife file for divorce in 1992, with ex being the petitioner. This was a non contested divorce, no property, income or children. The request for default was signed by a clerk, judge. However they forgot to file the request for judgement. Although, he was told but a court clerk, the divorce still shows pending in October 2021, because its been over five years, he will have refile. His ex is still alive, is there any other recourse other then starting the proceeding over?
1 Answer from Attorneys
I’m afraid not. Once the five years pass the only option is to start over.