Patrick and I were married in August, 2000. We separated in October, 2001. Patrick filed for divorce in December 2001. Soon thereafter, I disappeared from his life and the divorce became a low priority. Nothing further happened with it and it just sat in limbo before the Los Angeles Superior Court.
I married Michael Richard Capuano sometime around May or June of 2002…while still being married to Patrick.
I divorced Michael Capuano in 2010…while still being married to Patrick.
I filed for divorce from Patrick, in Phoenix, AZ in 2011, while the California divorce Patrick filed in 2001 was still pending. My Arizona filing was eventually dismissed.
The original divorce Patrick filed in 2001 was dismissed in September 2011, for failure to prosecute. If any matter is not brought to trial within 5 years, it shall be dismissed for failure to prosecute. It’s a California thing.
I never bothered to refile for divorce at that time. Neither did Patrick. Honestly, he didn’t care because he has no intention of ever marrying again.
On November 28, 2012, Patrick filed for divorce in California again. The court subsequently claimed it didn’t have a copy of the Petition for Dissolution and refused to proceed with setting a trial date. Regardless of whether or not the court was able to find the original petition in the case file, we have a conformed copy showing that it was most definitely filed with the court on November 28, 2012 .
On August 29, 2014, I filed a Petition for Annulment in Arizona – while the California divorce Patrick filed in 2012 was still pending. In May 2015, the Arizona court granted my annulment by default because Patrick didn’t bother responding or appearing for the Resolution Management Conference. Why should he, the Arizona court didn’t have jurisdiction since there was already a dissolution proceeding in California, which I knew about.
So, as far as I’m concerned, our marriage was annulled last year – which means our marriage was never valid – which means we were never legally married at all.
But wait, there is a small snag in my twisted perception of reality! A party to a marriage cannot commence a second dissolution proceeding when there is already a pending dissolution proceeding before another court. In other words, the Arizona court which granted my annulment didn’t have jurisdiction to grant an annulment because there was already a dissolution proceeding before the California court. In other words, the annulment is void and meaningless. Or, to put it another way: Patrick and I are still legally married, as of this moment!
Contrary to my misguided belief that a family court judge can arbitrarily “dismiss” a pending petition simply by claiming the petition was not filed (or to be more technically correct, simply because the judge can’t find the petition in the case file), a pending petition can only be dismissed on some legitimate legal grounds – and not being able to find the original petition in the case file is not “legitimate legal grounds”.
It must really suck to be me, and have things always not work out the way you want them to. But, maybe, if I’d stop refusing to follow the rules of the courts this kind of shit wouldn’t keep happening to me.
It must really suck even more to be James Pendleton, and to find out that the dirty skank you’re engaged to is not only still married to that asshole husband, but that every single person James knows has been to this website and read about how much of a complete and utter fool he’s being made into by that same filthy ho and her not-yet-ex-husband.