Should he file another petition for divorce? 6 Answers as of July 12, 2011

My boyfriend filed his petition for divorce 6 months ago in California. He is still in the process of finishing the paperwork. It is a long complicated process. Anyway, now his ex has decided that she is also going to file another set of papers. She was served, but did not file a Response, so can she file another petition for divorce?

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
Even if a party files a Petition the other party can still file a Petition for dissolution of marriage as the court clerks don't check to see if an action has been filed when filing a Petition. This obviously creates a problem. Usually what attorney's will do is file a motion to consolidate the two cases. When the cases are consolidated the second Petition will be treated as an answer to the first Petition. If a responding party does not file an Response to a Petition within 30 days the Petitioner can file a request for entry of Default.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If your boyfriend's wife was properly served the divorce petition, then your boyfriend should take his wife's default in the action he filed. If his wife files a new petition in the same jurisdiction where the existing divorce is before he takes her default, then the court typically treats that petition as a response and consolidates the two actions. Your boyfriend may suffer additional delays and procedural complications if his wife files in another California county or another state, therefore he should act with some speed.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Your boyfriend should file a Request to Enter a Default if she was served but did not respond. There is no need to file a second Petition for Dissolution. If she does file, it would not be valid since the courts look to the party who first served the petition. Your boyfriend should seek the assistance of a family law attorney.
Answer Applies to: California
Replied: 7/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
So long asyour boyfriend'swife was properly served, and a properlycompleted and signedProof of Servicewas been filed with the clerk of the court (note that a party is not allowed to serve another party), your boyfriend's Divorce case is the only one that can exist. If his wife files and serves another Divorce case, your boyfriend will need to file a Motion in that case to Quash service and to dismiss that 2nd Divorce case, and attach to his Declaration a copy of the Petition and Summons in the 1st filed case, along with a conformed copy of the Proof of Service. Inasmuch as you indicate that the process of finalizing your boyfriend's divorce is a long, complicated process, he should at least consult, if not retain, an experienced Family Law.
Answer Applies to: California
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
She can file whatever she wants, but if your boyfriend filed first, and she did not respond he can file for a default judgment. However, what is most likely to happen is the court will consolidate both cases. You need to have your boyfriend bring his paperwork into a family law firm and speak to an experienced family law attorney so he can help him straighten this out.
Answer Applies to: California
Replied: 7/12/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Your boyfriend can file a request to enter default and cut off her time to respond. He can then file a default judgment. She, however, will most likely file a request to set aside the default which the court most likely will grant. He should talk with an attorney as to how he can wrap this up soon if he can.
    Answer Applies to: California
    Replied: 7/12/2011
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