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I filled for divorce in CA, and I'm wondering if I can amend it to a summary dissolution and receive a judgement with no wait?

Los Angeles, CA |

The divorce has been rejected twice for a few very small errors. Neither of us are seeking spousal support, have no property or children together. Originally my spouse did not respond to the summons because we both agreed and didn't see the need to pay the response fee. When that was rejected we went added a I-130 and paid the fee in hopes of making it easier. It is again rejected due to a typo. Can we amend it to a summary dissolution and skip the 6 month waiting period since it has already been 19 months since we originally filed?

Attorney Answers 3

Posted

It would make no sense to go to a summary judgment. I suggest that you pay for legal assistance to make sure it is done right. This will be easier then your suggestion.

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Posted

I think you are confused. As you pointed out, your six months has already passed for purposes of the divorce action you already filed. Changing the action to summary dissolution won't make any difference in terms of moving your case along any faster. You have made several mistakes which have resulted in a rejection of your paperwork. This would be the same result if you were to make mistakes with your summary dissolution paperwork. I think the better plan would be to hire an attorney to handle the paperwork for you and get it done right once and for all.

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Posted

If your petition has already been filed, you should proceed as an "uncontested" divorce. Based on the facts you've provided, your divorce can be finalized fairly quickly. You should probably hire an attorney to help you prepare a judgment packet.

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