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How do I dismiss the Dissolution of Marriage Case? I was…

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How do I dismiss the...
How do I dismiss the Dissolution of Marriage Case?I was married in 1991and divorced in 2005 in a foreign country. We live in LA County now. Our daughter was born in US. Twelve years after the divorce and after our daughter became adult my former wife attempted to register foreign child support order and the Court refused to register this order. My former wife signed and lodged with court declarations and foreign marriage dissolution papers in those proceedings claiming we have been divorced in 2005 and I did not pay her any support. After losing that case because judge would not register the foreign order my former wife filed for dissolution of marriage. Why is she doing this I do not know because we do not communicate at all and will not. Considering that there is a marriage dissolution decree issued in another Country, (in which we were married), I am not married to her any longer so how can this Court have a jurisdiction in this case? I am not served yet in this case but am monitoring online whether they’ll try to sneak a fraudulent proof of service. While they are trying to serve me on an old address I wonder do I need to fill particular form or write motion to dismiss on the ground that I am not married to her any longer and if that would cause dismissal of the case. Her attorney is very unethical and contrary to what he was claiming in the earlier case, which finished several months ago, he now change the story. Would reporting this to BAR change anything? He was suspended previously for issuing meritless opinions about securities. I need detailed instruction how to handle this. I do not know if it is material but Judge that refused to register foreign support order said that we did not leave after the divorce in the manner consistent with divorced people. Case is in LA County.
Submitted: 3 months ago.Category: Family Law
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Answered in 8 hours by:
12/22/2017
Family Lawyer: Ely, Counselor at Law replied 3 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

First, please tell me: (1) what country were you divorced in, and, (2) did she agree to the divorce in that country, or not and it was contested?

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Customer reply replied 3 months ago
Hy Eli. Divorce took place in Serbia. She argued profusely during her unsuccessful attempt to register foreign support order in Los Angeles County that we were both represented by attorney in Serbia and that divorce was consensual. This is all on record.
Customer reply replied 3 months ago
Two attached documents, incorporated divorce decree and declarations signed by former wife and daughter would explain everything you may need to know.
Customer reply replied 3 months ago
I know how to write on pleading papers. If I attach what you see to a motion to dismiss, or whatever the appropriate title may be, would this work? Clearly, she and her attorney are committing a perjury as in this case they pitch inverse story. They said in pleading in this case that we lived together until 2011.They did not serve me yet but I think they would resort to serving by publication. I know the case # ***** am cehking online for development and could see that judge was just recently assigned.
Customer reply replied 3 months ago
I just saw today that they filed on 12/21/2017 fraudulent Proof of Service of Summons (Filed by Petitioner).
Family Lawyer: Ely, Counselor at Law replied 3 months ago
Hello. Like many Americans I am in transit right now. Would it be okay if I respond in late evening today?
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Family Lawyer: Ely, Counselor at Law replied 3 months ago

Hello,

Okay I had a chance to look through the documents. What I do not understand - and what I need to know - is what are you asking here? You mention everything from fraudulent proof of service to failed registration attempt of foreign divorce, etc. What is it that you are trying to achieve?

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Customer reply replied 3 months ago
Ideally, want to dismiss this case. What I have to file to dismiss this Dissolution of Marriage Case?
I am not married to this women since 2005 and thus I wonder if the Court even have a jurisdiction over this case.
Customer reply replied 3 months ago
I went through the summons and complaint and she (her attorney) checked 1a "We are married". Despite all the previously filed declarations she stated that day of separation was 12/31/2011 and that that marriage lasted 20yr 7mo. She listed irreconcilable differences as reason for divorce. Under 10 Community and Quasi-Community Property she checked (b) "Determine rights to community and quasi-community assets and debts. We do not have joint assets. Everything was separated meany years ago. She asks for Attorney's fees payable by respondent (me) which I understand I can ask in reverse when I file the response.My understanding is that I need to submit within 30 days of (alleged) service filled form FL-120, RESPONSE—MARRIAGE/DOMESTIC PARTNERSHIP. (Family Law). The problem is that form does not offer under 1 option to state we are not married. Do I challenge service and do I attach another pleading (perhaps motion to dismiss) asking court to close the case with no ruling as we are not married?
Family Lawyer: Ely, Counselor at Law replied 3 months ago

My apologies for the longer than usual wait time as I was in transit during the holiday season.

Yes, the California court may have jurisdiction over the divorce if both/either party lives in California, and the divorce decree from Serbia is domesticated (also known as "registered") in California. In order for someone to register a foreign divorce case in USA, they have to "domesticate" it. See HERE. This domestication filing is normally done back to back with something else, such as an enforcement of said decree. The "civil" law aspect of domestication is that it simply needs to be a valid foreign order - that part is almost rubber stamp. It is the "family" law aspect of it which is more tricky. The Court has to agree that the divorce was in comity. There is no treaty in force between the United States and any country that requires the recognition of foreign divorces. However, a divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. Under the principle of comity, a divorce obtained in a foreign country under the circumstances described above generally will be recognized by states within the United States. States also may consider the jurisdictional basis upon which the foreign decree is founded and may not recognize the foreign divorce if the court is not satisfied that at least one party was domiciled in the country at the time of the divorce. Many state courts which have addressed the question of a foreign divorce where both parties participate in foreign divorce proceedings but neither is domiciled in the foreign county have followed the view that such a divorce is invalid.

So if she has registered it in California and the family court in CA has agreed to take it, then it is done - CA has jurisdiction. If the registration has yet to happen, one may wish to argue against it on basis of no comity being present, and hopefully the Court will agree and refuse to recognize the divorce. WHAT YOU FILE AS A RESPONSE DEPENDS ON WHAT EXACTLY HAS BEEN ACCEPTED/FILED IN THE COURT.

Reporting her attorney to the bar for lying is not likely to have the case dismissed per se, but would get the attorney into trouble if the complaint was valid.

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Customer reply replied 3 months ago
Ely, I hope you had a nice holiday vacation. I get what you said but don't see why would I have to divorce twice and still need suggestions as to how to go about that as what you said still leaves me with no answer as to 'How do I (try to) dismiss the Dissolution of Marriage Case?One of the ideas I had is to file a Motion to Strike in lieu of Response and attach her contradictory declarations that contradict her previous positions, memorandum of points of authorities, foreign decree, etc. Motion would challenge her assertion that we are married. If I manage to strike 'we are married" section, than what is left in the complaint? Nothing.What I am not sure about is the following, giving that I had small business and did not pay a lot of Social Security tax, at one point down the line I would be entitled to half of her contribution based pension. If you look form that prospective it is better then to be divorced in 2018. But I do not want to open can of worm and now have her start laying claims on what I thought was my personal property. Can you address these three points and issues and how would you go about it, with my objectives in mind?
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Has your ex been successful in registering the foreign decree?

Has she even attempted to do so? Or, not?

Has she filed for Dissolution IN CALIFORNIA?

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Customer reply replied 3 months ago
I also wonder how does it serve mine or her interest to "register a foreign divorce" when we did not have a need to register foreign mariage?
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Has your ex been successful in registering the foreign decree?

Has she even attempted to do so? Or, not?

Has she filed for Dissolution IN CALIFORNIA?

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Customer reply replied 3 months ago
To the best of my knowledge she did not register or attempted to register foreign decree. She was hoping that once the registration of support order goes through this would achieve both (in register foreign decree as well). But as we discussed, this did not happen. What I need to answer now is Petition for Dissolution (Divorce).
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Okay, thanks. So then someone in your situation really only has two options.

ARGUE THAT THE MARRIAGE ABROAD IS VALID. If so, then one needs to (1) File an answer and motion to dismiss, and then (2) file a pleading to register the foreign decree. The registration of the foreign decree may be set for a hearing back to back with the dismissal. If the foreign decree is registered, then the divorce from Serbia would be recognized and thus, the CA pending divorce would have to be dismissed; or

DISREGARD THE SERBIAN DIVORCE. If so, then one files an Answer/Counter-petition with the Court in CA and agrees to have the divorce (as far as CA and USA is concerned) be done in CA, and argue the divorce under CA law.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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