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How long is off the calendar valid in a divorce case, does it mean from the last court date when lawyer took it off the calendar

Westminster, CA |
Filed under: Divorce

my husband filed for divorce feb 2010, since sept we reconsiled, he took the divorce off the calendar in nov 2010. Can proceed again on that prior case?, I have a feeling he is going ahead with the divorce and taking me by surprize, because we just did taxes, bk and all financial issues he needed me for. How should I prepare for this?

Attorney Answers 3

  1. You did not provide enough information for a correct answer.
    I am unsure of what you mean by "off calendar."
    One way to find out what is going on with the case, is to go to the Court, and look at the file, and photocopy the file.
    You should be able to find out if anything is set for a Court hearing by looking at the file.
    You should be able to figure out if the entire case was dismissed, by looking at the file.

    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

  2. You should check with the court to see if anything is going on with the case file; all you need is your and your husband's names, and your case number.

  3. Your huband can still proceed in the case if the case wasn't dismissed.

    When something is taken off-calendar, it merely takes the pending hearing off-calendar; it doesn't dismiss the case. The hearing that was taken off-calendar remains off-calendar, but another hearing can be scheduled.

    Go to the Superior Court Family Law Clerk's Records office with the Case Number, and ask to look at the case file. You cannot take the case file out of the Records office, but you can purchase copies of documents in the case file. If the case was dismissed, nothing further can be done in the case. If the hearing was merely taken off-calendar, the case can proceed, but it won't proceed without somebody filing something to make it proceed.

    If the case wasn't dismissed, and if you didn't file a Response in the case, it is recommended that you file a Response in the case so that your husband can't take your default, given your fear that your husband will resume activity in the case. Thereafter, if you and your husband agree to dismimss the case, both of you will need to sign and file a Request to Dismiss to get the case dismissed.

    If you discover that your husband has proceeded in the case without giving you notice, or if you fear that he will do so, it is recommended that you at least consult with, if not retain an experienced Family Law Attorney to represent you in your divorce.

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