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My ex wife filed for divorce in CA but refuses to finalize it so now she is making me file. What are my options?

San Bernardino, CA |

She filed but wont finalize it because she wants to stay on my health care. I want to move on with my life. What do I do?

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Attorney answers 4

Posted

You need to file an answer and proceed with the divorce, if you do not know what papers go to the court and seek assistance, if children or property are involved consider hiring an Attorney I have appeared in Family court in San Bernardino and Rancho Cucomonga

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

Asker

Posted

Hire him you'll be stoked!

Posted

If you don't already have a lawyer, hire one to help you. The law is complex and there may be things that can be done that you didn't know about. Good luck!

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

Posted

Accord with the prior two responses. So long as your default has not been entered, you can file and serve your response and proceed to get a divorce. If your default has been entered, you have limited time to file a Motion to set aside your default. Based on your question, you would best retain an experienced Family Law Attorney to advise and 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.

Posted

Mr. Cohen is correct you cannot move this case along through the system unless you actively participate by filing your response and then requesting to set the matter "At Issue" to bring it to a conclusion. I suggest that you seek counsel to assist you in that regard especially if you are out of county or out of state

Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.