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Has a divorce been granted and what does "Notice of Change of Address mean, and what is the statue of limitations in CA

Los Angeles, CA |

Case Summary

Case Number: PD039

Filing Date: 06/13/2005
Case Type: Dissolution of Marriage (General Jurisdiction)
Status: Pending

Future Hearings

Documents Filed | Proceeding Information


- Petitioner

- FORMER Petitioner in Pro Per

- Respondent

- Attorney for Petitioner

Case Information | Party Information | Proceeding Information

Documents Filed (Filing dates listed in descending order)

02/08/2010 Notice-Change of Address
Filed by Petitioner

05/27/2009 Notice-Change of Address
Filed by Petitioner

12/07/2006 Notice-Pending Action
Filed by Petitioner

12/04/2006 Notice-Pending Action
Filed by Petitioner

08/19/2005 Declaration-Uniform Custody Minor'
Filed by Res

Attorney Answers 3


Notice of change of address is contact information.

Statute of limitations to try a case is five years.

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No divorce has been granted yet in the case. Much remains to be done in the case before a Judgment will be entered, including but not limited to exchange of Declarations of Disclosure by the parties. The Notice of Change of Address only lets you and the Court know that the Petitioner's address and/or telephone number (or that of the Petitioner's attorney) has changed, so that you and the Court may know where documents can be served. Your list of documents filed is incomplete - it doesn't include the Petition and the Summons, and if a Response was filed, it doesn't include the Response. It does reflect that two Notices of Lis Pendens were filed, apparently tieing up title to two pieces of real property. The Declaration under UCCJEA indicates that there is one or more children of the marriage - evidently issues of custody, visitation and support are involved. You would best retain an experienced Family Law Attorney to represent you in your divorce.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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There is no "statute of limitations" with respect to your divorce action. The five years to which Ms. Johns refers is to the power of the court to dismiss your divorce action if nothing has happened in your case for five years and the court has made no orders with respect to children or support. It appears that more than 5 years have passed since the Petition was filed, so the court could dismiss your divorce action without any action by either the Petitioner or Respondent.

In your situation, it appears that nothing has happened in your case. If you did not file the Notice of Change of Address or the Notice of Pending Action, then you are the Respondent. It appears that the Respondent has not filed a Response, although that's not entirely clear, since it appears that a Declaration under the "UCCJEA" has been filed. If no Response has been filed, the Petitioner could ask the court to enter the Respondent's default and enter a judgment against the Respondent.

I suggest that you contact a lawyer to be sure that you are protecting your own interests. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.

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