Okay, My man has begged for a divorce for about 2 years. We have been together for 1 1/2. At the time he got in trouble he was living with me. She finally filed last Sept. Supposedly he was seved the paperwork while at county. He NEVER got them. I went to the court 6 months ago to find out info. and they told me they were in fact served to the "last known address". So his soon to be ex has filed continuance after continuance and GUESS what? All of those papers come to my house!!!!! So My fiance decided he will file from prison, the paperwork got sent back to him, one time for missing info, the next time for a case that is already "OPEN". So I march over to county to find out more info and they tell me there is a "default" on this case because he never responded!!!!!!! Now they tell me there is nothing that can be done to move forward with this divorce!!!!! The court hearings were all "Case Management" Can the "ex" really control this in this way!!!! This is just horrible. The attendant that I spoke to the other day said this can be dragged on till "SHE" decides, and there is nothing that can be done.

Okay, My man has begged for a divorce for about 2 years. We have been together for 1 1/2. At the time he got in trouble he was living with me. She finally filed last Sept. Supposedly he was seved the paperwork while at county. He NEVER got them. I went to the court 6 months ago to find out info. and they told me they were in fact served to the "last known address". So his soon to be ex has filed continuance after continuance and GUESS what? All of those papers come to my house!!!!! So My fiance decided he will file from prison, the paperwork got sent back to him, one time for missing info, the next time for a case that is already "OPEN". So I march over to county to find out more info and they tell me there is a "default" on this case because he never responded!!!!!!! Now they tell me there is nothing that can be done to move forward with this divorce!!!!! The court hearings were all "Case Management" Can the "ex" really control this in this way!!!! This is just horrible. The attendant that I spoke to the other day said this can be dragged on till "SHE" decides, and there is nothing that can be done.

I want to add that there are no issues to resolve, just cut and dry.

On my previous post about a divorce issue.

Could you be a little more specific?

Could you be a little more specific?

Well I don't know if there is anything that can be done from the outside by me because he can't do it from the inside!!! That's why I posted my story here. I'm not sure how much more specific I can get. What else is needed?

If the case is in default status (because supposedly your man did not respond to being served in the time allowed), then the next step needs to be filed by the petitioner; HOWEVER, I do not see any reason why your man cannot start a new divorce petition. He can request a fee waiver since he is in custody but will have to have somebody serve the ex for him...

If the case is in default status (because supposedly your man did not respond to being served in the time allowed), then the next step needs to be filed by the petitioner; HOWEVER, I do not see any reason why your man cannot start a new divorce petition. He can request a fee waiver since he is in custody but will have to have somebody serve the ex for him...

He did try from prison only to get the paperwork sent back 2x. I then took the paperwork to the court and they said it's already an open case with the petitioner! . The court said nothing can be done from his end because it was a default. The clerk said it is in the "ex's" court now. There has to be something that can be done, so she doesn't drag this out forever just for spite.

This is why WE are frustrated. I also thought i could get some help here.

Is there any paperwork filed with the courts? Because I was under the assumption..that when you file your paperwork...even if one of the parties involved doesnt respond...than the divorce will still go through after 6 months. I am not positive on that though... :confused:

Well there are several more steps, after a default, so the clerk was right when she said that the case will be stalled until the petitioner files the correct papers. I still do not see why the defendant cannot file a new case, it sounds like they may have sent them back because they were done inproperly? I'm not sure... Feel free to PM me with more specifics, I'm happy to try to guide you. I've successfully completed several divorces for incarcerated men with no trouble...

Well there are several more steps, after a default, so the clerk was right when she said that the case will be stalled until the petitioner files the correct papers. I still do not see why the defendant cannot file a new case, it sounds like they may have sent them back because they were done inproperly? I'm not sure... Feel free to PM me with more specifics, I'm happy to try to guide you. I've successfully completed several divorces for incarcerated men with no trouble...

Thank you so much i really need the help! I'm leaving for a visit tomarrow and will pm you when I get home on mon. Again, thank you. WE are lost!

CA courts self help center http://www.courtinfo.ca.gov/selfhelp/family/divorce/

I was able to fill out the papers for my now ex after a few tries at getting them right,sent for his siggys then I filed them for him w/ the fee waiver and it was granted

If there is already an open case then the info that the court gave you was correct - he can't file again, even from a different county. The ball is in her court. If it's in default I believe that instead of six months it takes about a year to go through, that's assuming she follows up with the paperwork on her end.

There are a lot of attorney's that will give you a free 30 minute consult, maybe you could call around until you find one that would be willing to talk to you? It's possible that they won't if you're upfront about the whole thing, but if you can get in to see one BEFORE giving out all the nasty details, well...once your foots in the door what are they gonna do, through you out? It's worth a try, anyway.

Or - Do you know how to get ahold of the wife and can you talk to her about this? I know, it's probably the last thing you want to do, but would it help any do you think? Good luck, this really sucks.