QUESTION
My six-month waiting period ended in November. How much longer until divorce is finalized?
Asked on Dec 12th, 2012 on Divorce - California
More details to this question:
07/23/2012 Proof of Service-1st Amended S&C Filed by Petitioner. 07/23/2012 Judgment-Package Received-2336. 07/22/2012 Request-Enter Default Filed by Petitioner. It is now mid- December and again my six-month waiting period should have ended mid-November (a month ago). When should the divorce finally go through? I haven't received any notices yet.
11 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to consult with a local family lawyer. You simply cannot rely upon clerks at the courthouse and others for accurate legal advice.
Answered on May 23rd, 2013 at 10:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It did not include the date of the original filing, but it sounds of the six-month period is either run, or is about to run. You should ask the court to enter the default. If you're attempting to do this with the attorney, I was just that you at least have the proposed judgment reviewed closely prior to its entry.
Answered on Dec 17th, 2012 at 1:07 PM
You should consult a family law attorney or facilitator to be sure that you have submitted everything necessary for the entry of Judgment.
Answered on Dec 14th, 2012 at 11:04 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Your divorce may be finalized as early as six months and one day after the Respondent was served with the Summons and Petition. If you served Respondent with the Amended Petition on May 15, 2012, you would be eligible for divorce (assuming all the paperwork for the Judgment was filed properly) on November 16, 2012. If your Judgment documents package was not rejected for any reason, then it will be finalized as soon as possible by the court. Some courts are very short staffed and getting Judgments back can take 6 months after filing. You should check with the court clerk and find out what Judgments are being processed now. The clerk should be able to tell you that they are working on Judgments filed on or about a certain date. If you filed yours before that date, you will need to find out what happened to yours, otherwise, you will need to wait until they get to your filing date.
Answered on Dec 14th, 2012 at 10:37 PM
In reply, you should contact the court andrequest the status on your case. If they need something elseto be filed the court will advise you of what is needed.
Answered on Dec 14th, 2012 at 1:25 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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The final Judgment of Dissolution terminating your marriage can be granted, at the earliest, six months from the date of service of the Summons and Petition. However, nothing happens automatically. Assuming that a default has been entered against the Respondent and all procedural requirements have been met (including service of the Declaration of Disclosure), then the next step would be to prepare and submit the proposed Judgment to the court. I recommend that you contact an attorney for specific advice based on the facts of your case and your particular situation.
Answered on Dec 14th, 2012 at 1:16 PM
You need to file certain other documents to get a final judgment. A paralegal should be able to help you with this. It's much less expensive than attorney and the family law paralegals are very knowledgeable on the form work.
Answered on Dec 14th, 2012 at 12:48 PM
You need to file a Final Judgment with division of property, custody/visitation etc. covering all the community issues. You will not automatically get divorced.
Answered on Dec 14th, 2012 at 12:47 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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It depends on the burden on the court's docket, but in Michigan the Courts are supposed to resolve these cases, where possible, within a year.
Answered on Dec 14th, 2012 at 12:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. Typically, when a default is entered, it is up to the petitioner to then move for a default judgment and provide the court with a proposed judgment. Did you do that? If not, even though the default was filed, the court could dismiss the case for lack of progress.
Answered on Dec 14th, 2012 at 12:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have more documents to prepare and maybe a hearing on the default prove up. See a local attorney for help.
Answered on Dec 14th, 2012 at 12:14 PM