Legal Question in Family Law in California

I filed for divorce in July but I reconciled with my wife before I could summon her with the divorce papers that were filed with the court. I now wish to resume my divorce. Can I resubmit the papers that were filed with the court since documents filed in July are now outdated? Or do I just proceed with the summons using the original court filed papers? The original court case is still pending.


Asked on 12/31/09, 3:08 pm

2 Answers from Attorneys

Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

If you currently have a case filed, simply resume where you left off. From the limited information I have, you probably just need to serve your ex with a copy of the summons and petition, file a proof of service and continue with the divorce. This answer is based on information you provided that indicates the court has not dismissed the case for lack of service, which is most jurisdictions doesn't happen in family law petitions.

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Answered on 1/05/10, 3:30 pm

Mr. Sutliff is wrong. If you reconciled with the wife, material information in the petition is no longer accurate. You don't have to dismiss and file a new case, but you must file an amended petition with updated information, including but not limited to the new date of separation. If you were not reconciled long enough to materially change the financial disclosures, you technically don't have to re-do those, but I suggest you do anyway. Better safe then sorry if the wife finds a material discrepancy.

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Answered on 1/05/10, 9:20 pm


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