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Does a filed, unserved petition ever expire?

Discussion in 'Divorce, Separation, Annulment' started by SeekItOut, Jun 18, 2008.

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  1. SeekItOut

    SeekItOut Law Topic Starter New Member

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    This pertains to a case filed in CALIFORNIA...

    We have been separated since 2001. I filed a petition for dissolution in 2003 (regular divorce due to long marriage, children). A number of a unrelated family issues caused us to postpone further action on the matter. The petition was never served, nor was a response or appear/stip/waiver ever filed.

    Things have settled down, and it's become more urgent that we finalize the dissolution. We've been in agreement on custody, MSA, etc., since the start. It's a mutually agreed upon, relatively friendly divorce, with nothing in dispute.

    Can anybody advise as to whether the original petition, filed in 2003, is still active? I.e., can we file an appearance/stip/waiver using the original case number?

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