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My husband filed for divorce without involving me

Los Angeles, CA |
Filed under: Divorce

i m married for 5 years now,i just found out that my husband filed for divorce in April 25th without telling me ,i confronted him he said he was mad and that there s no need for me to get involved that the will take care of it!!!he refuse to give me the case number witch actually i got.
i have a protective order he said if i lift it he ll cancel the divorce also we have a 4 years child i m afraid he will get the custody if i don't respond or get involved in the process .i v been in the us for 2 years so i m not sure how does it work here.what should i do?
thank you

Attorney Answers 3


Do not rely upon your husband that he "will take care of" the divorce! It is vitally important that you participate in the process to protect your rights. You should consult with an experienced Family Law attorney and an Immigration attorney. If you have limited finances, contact the Family Law Facilitator's Office at your local courthouse or contact one of the legal aid groups in Los Angeles, such as Harriet Buhai, Levitt & Quinn or Neighborhood Legal Services. Do not delay! Good luck.

Disclaimer: This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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If you have a protective order, you shouldn't lift it just to get the dissolution to "go away", since he can re-file it the day after you lift the protective order. You should file a response in the dissolution (divorce), and speak to an attorney about how to best protect yourself and your child.

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Your husband can not complete the divorce without having you involved. To complete the divorce he will have to serve you. You can search on the court system by name to find out if there is a pending action against you.

Now to get involved you can file your own petition for dissolution and serve him. The first one who serves put the other party as respondent and he will have to respond to you.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court 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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