Four years ago my spouse filed a FL-100 petition. I did not respond with a FL-120, nor did she take any further action.
Two questions:
1. Can my spouse still file a FL-165?
2. If want to now proceed, does one have to refile or can the original FL-100 filing be used?
Thank you.
Mr. Roach gave a good answer. I disagree, though, that the case is likely to have been dismissed. Family law is not subject to the same discretionary 3-year dismissal and 5-year mandatory dismissal laws as civil cases. It may have been dismissed, but I would bet it is probably still pending. Mr. Roach is correct that you need to check to make sure.
Mr. Roach gave a good answer. I disagree, though, that the case is likely to have been dismissed. Family law is not subject to the same discretionary 3-year dismissal and 5-year mandatory dismissal laws as civil cases. It may have been dismissed, but I would bet it is probably still pending. Mr. Roach is correct that you need to check to make sure.
