QUESTION
Is there an experation on filed divorce papers?
Asked on Mar 02nd, 2014 on Divorce - California
More details to this question:
I filed for divorce in January 2011 in proper. I retained a lawyer in March of 2011. All papers have been signed by both parties and there are no assets or debts to split. We've agreed on custody/visitation. There's nothing left to do as far as I know but I still have not received my final judgement. Will my paperwork expire and will I have to refile? It's been 3 years since the initial filing.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
There is a 5 year limit.
Answered on Mar 05th, 2014 at 4:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If the case did not result in a final Judgment, there is a possibility that the case was dismissed. Possibly the agreement was filed but the Notice of Entry of Judgment was not sent to the court to be issued and so the divorce was not finished. You need to go to court and make a copy of your case file and take it to an attorney who can tell you what's going on and whether everything was done. Or you could call the attorney you hired and pay him to finish things up.
Answered on Mar 05th, 2014 at 9:51 AM
You have two more years before it will be dismissed for inaction. Dissolution is not automatically entered. You need to file a Judgment and final docs. Talk to your atty.
Answered on Mar 05th, 2014 at 9:51 AM