Legal Question in Family Law in California
What's the difference between Judgement dissolution status only & dissolution?
I am currently trying to refinance my mortgage to take my ex husband off the loan and the U/W from the bank came back to me saying that I am not leagally divorced. When we filed the Notice of Entry of Judgement we followed what the court paperwork said to do. We also had an MSA. Am I missing something here? Am I not legally divorced, is there still something else that needs to be filed? Please help!
2 Answers from Attorneys
To answer your first question, many times people want to get divorced before a long property or custody dispute can be settled or go to trial. The legislature recoginzed that and passed laws that allows you to bifurcate your divorce and get your marriage terminated, so you are single again, before the rest of the case is sorted out. If you do that you get a dissolution-status only judgment first, and then a final judgment later.
As for your second question, without knowing what you filed, when, and what was done with it by the court, there is no possible way to answer your question.
To determine if you are legally divorced, look at your judgment that was filed with the court. On the front page of the form, FL-180, the box 4(a)(1) should've been checked and there should be a date next to it. That is the date you were legally divorced. If you didn't check that box, the Court didn't terminate your marital status and you're still legally married. If you're still married, you need to file another judgment that is status only to terminate your status. Hope this helps. Good Luck!