Downey, CA asked in Divorce, Family Law and Appeals / Appellate Law for California

Q: Filed a divorce petition, had a miscarriage after. 1 other child. 30days husband hasn't responded. Choices to proceed?

Do u have to re-file divorce petition&wait 30 more days or can I default him and after update status on unborn child?(miscarriage)

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I've never dealt with a miscarriage during a divorce, but I don't think this will be a significant change to the case.I don't see the need to re-file and re-serve since unborn children are not listed by name on the petition.

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