Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
There's no statute of limitations on this, because the SOL refers to how long a person has to file a case - your case is already open. But four years is MUCH too long unless there was a specific reason for leaving it open, like you were waiting for the children of the marriage to leave home before selling the house. Call the courthouse to see if there has been any activity since 2012. The case may have been accidentally closed as inactive, which means you'd need to file a request to reopen it. If the case is open and active, with nothing happening, you can file a Request for Order to ask the judge to schedule a trial on dividing up the community property and on the alimony.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
You'll have to serve him with notice of the request for a hearing at his last known address, even if that's the jail. You could try calling the courthouse to see if they can tell you if he has a parole or probation officer. They might be able to get papers to him. Once you make efforts to contact him, the judge can still divide up the community property, even if he doesn't appear at the hearing. You'll just have to present a list of the items you want split up.