Legal Question in Family Law in California

California Divorce

I have a question about California divorce. A man who is divorcing a woman, has filed from another state originally over two years ago, paid the fees and then moved to California. There he began the proceedings again, never having the original money refunded. This was done with an association that was supposed to be connected with the original lawyers. The California case went over a year, including child support, etc. Several times the woman never showed up in court. Since both had filed, the case was consolidated. The man was out of the state when the last court was held, but the woman showed up. Another hearing has been scheduled, and the court document says ''uncontested.'' What happens from there? Is it an automatic divorce or does he have to wait more months? I have never heard of simple a divorce taking that long. There are no assets.


Asked on 4/02/09, 4:36 am

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: California Divorce

What court document says "uncontested?" Do you mean you have a Judgment and the box for uncontested hearing is checked? That would mean a trial and or default prove up hearing was set on the divorce, he didn't show up, the wife did and the judge granted the divorce.

If there were other decisions about assets, kids, etc., they would be included in that judgment or the "status only" box on the judgment would be checked.

If 2 cases are pending, they are supposed to consolidate them. In terms of it taking 2 years, that's because nothing happens automatically, you have to make it happen.

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Answered on 4/02/09, 5:34 pm


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