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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27231
Experience:  Attorney with experience in family law.
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I had a bifuication done in my divorce but the judge left

Customer Question

I had a bifuication done in my divorce but the judge left dividing of community property and spousal support open with no closing date and my divorce only part was in dec of 2012 how long will the community property issues stay open or does it have a statue of limitations
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.


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.

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Customer: replied 4 months ago.
I have a follow up question what happens if nothing is filed does the division of community property and spousal support stay open the reason they did not do it at the time was he was in jail for attempted murder of me but he is out now I have no clue where he is and was wondering if this is going to come back to haunt me
Expert:  Lucy, Esq. replied 4 months ago.

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.

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