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Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience:  23 years of legal experience, former child support attorney, currently practicing family law
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trying to get married. fiance was told by ex wife that she

Customer Question

trying to get married. fiance was told by ex wife that she (the petitoner) did not sign the completed form. forms are on file at court. he lived out of state at the time a registered letter was sent. per the clerk of court since this all transpired 11 years ago...he has to petion the court now and start over. is that true? or can he pick up where it left off and have her sign the current forms on file? state of iowa.
Submitted: 4 years ago.
Category: Family Law
Expert:  Juliana replied 4 years ago.



Thanks for your question.


If there is no activity on a divorce case for an extended period of time, the court will dismiss the case for want of prosecution. That is, the court assumes that the parties have reconciled or are otherwise no longer interested in pursuing the divorce action.


So the answer is yes - after 11 years, the divorce case would no longer be open, and unfortunately, your fiance (or his wife) would have to start over with a new divorce case.


I'm sorry this isn't the answer you were hoping for. Good luck.


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