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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118171
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife filed in 2008 she just refined the fl-syvl 2336

Customer Question

My wife filed for divorce in 2008 she just refined the fl-syvl 2336 packet again. Things have changed a lot since. Including minor child. Can she do this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So judgment has never been finalized in the divorce and she is amending the final judgment request?
Customer: replied 2 years ago.
She is refiling to get a divorce again. As i said a lot has changed. Can she refile it without me being served again? And have it approved ? Also she refiled in a county we used to live in . We have been in San Diego for 5 years. We vote, live and our license are here. I can not afford to fly to Santa Clara to respond. I want a chance to fight this we have a 12 year old that wants to stay with me and decide expenses. 7 years is long. I dont see how they could make a decision with all the changes and in a different county. She told me its too late nothing i can do. Help. This can not be right
Customer: replied 2 years ago.
This is in California
Expert:  Law Educator, Esq. replied 2 years ago.
Do you still wish an answer?
Customer: replied 2 years ago.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If she had previously filed for divorce and it was dismissed for failure to prosecute, she has to file all over again and serve you and if the court had not already dismissed it, you need to file in the court in Santa Clara a motion to dismiss for failure to pursue the divorce since 2008 and make them dismiss it.
Once the court dismisses she has to file all over again and San Diego is where she needs to file.
The 2336 packet is asking the court to grant the divorce, while leaving other matters such as community property, child support, spousal support or custody open. She has to serve you again with anything she files. If you do not get an objection filed and seek dismissal based on the failure to pursue since 2008, then the court could grant the 2336 packet, which again is merely granting the divorce and not addressing any of the other issues or matters in the divorce.
I would suggest that if you want to fight this because of things changing, then it would be more economical to use an attorney in Santa Clara to represent you to get the dismissal there.