QUESTION

Can she ask for a court date sooner and move forward because he refuses to sign anything?

Asked on Feb 05th, 2013 on Divorce - California
More details to this question:
My girlfriend has been separated for 3 years and has placed her divorce paperwork in about a year and a half ago. Her ex refused to sign paperwork after case went into default. Girlfriend had to file paperwork and judge advised her ex to sign paperwork however once paperwork was filed; her ex didn't file anything nor signed anything. Per stipulated request on divorce paperwork, my girlfriend asked for child support and amount was given by court. He had paid child support for about 2 months then stopped and hasn't paid anything for the last nine months. My girlfriend has contacted child support office and they forwarded the case to the DA. She was told to wait for a court date (about a year ago when case went into default) and she hasn't heard anything yet. Recently, she received an unexpected fine from a vehicle (with her ex and her name on registration) that her ex had and HE had accrued street sweeping tickets that ultimately she ended up paying for. Initially when the paperwork went into default, my girlfriend stipulated on it as well that she would keep paying for a Tahoe (Contracted by HSBC) she had and he would pay for a car that their college son was using. Both vehicles still registered to both. He paid on car for a good 5 months then car was unexpectedly repossessed because he stopped paying for 4 months. We paid to get vehicle out and continued to make payments on car. She wants to be done with him and wants to have divorce finalized but he is just being a butt head and postponing it as long as possible (on purpose, because he stated he would make her life hard)
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5 ANSWERS

It sounds like she needs a lawyer to fight these issues out and get her divorced finalized.
Answered on Feb 08th, 2013 at 4:24 PM

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You need to consult a family law attorney to review all of the paperwork and advise you on how to proceed to Judgment.
Answered on Feb 08th, 2013 at 1:52 PM

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Civil Rights Attorney serving San Bernardino, CA at Anyiam Law Firm Inc.
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She needs to submit a 'Default Package' to the court to finalize her divorce. Forms can be obtained online or from the court clerk.
Answered on Feb 08th, 2013 at 1:52 PM

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Find an attorney to go over the paperwork and decide whether she needs to file for a hearing or set the case for trial. The court won't finish a case unless it has the right paperwork. You may need an elisor appointed by the court to sign docs changing title so she doesn't keep getting hit with his tickets .
Answered on Feb 08th, 2013 at 1:51 PM

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Family Law Attorney serving Walnut Creek, CA at Law Office of Jon Rathjen
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Your girlfriend needs to stop waiting for him to cooperate with the process and start acting on the assumption he will not. That means determining if the case is ready for trial; if so, set it for trial; if not, do what needs to be done to get it ready. You don't have to use the services of an attorney to do this but I recommend you do so(what do you expect from an attorney, right?!). one possibility is to seek out an attorney in your area who does "limited scope" or "unbundled" services. this is essentially a "pay as you go" arrangement whereby you can continue to do most of the work on your own but have the services of an attorney available if needed.
Answered on Feb 08th, 2013 at 1:51 PM

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