Mill Valley, CA asked in Divorce for California

Q: Customer: my husband filed for divorce in 2011 in los angles and we stopped the process. can I start fresh now.

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1 Lawyer Answer
Andy Cook
Andy Cook
Answered
  • San Diego, CA
  • Licensed in California

A: If the case was actually dismissed by the court, you may file in any California county provided that you have lived in California for six months and that county for three months (or your husband has). If the case has been abandoned, or if the case for some other reason was not formally dismissed, the answer would be the same as above, except if you wanted to file in Los Angeles, in which case you would pick up under the existing case number. However, even if the case was not formally dismissed, if more than five years have gone by, dismissal would be mandatory under California law anyway, absent an exception to that rule.

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