Legal Question in Family Law in California
Divorce case pending at San Diego.
My last hearing was a Case Management Conference. At the hearing, we submitted the MSA signed by both parties and form FL-180 (Judgment). Respondent has never showed up in any hearings so far, but had submitted a Response.
After the hearing, we submitted the FL-170 (Declaration for Default or Uncontested Dissolution or Legal Separation).
At the hearing, the commissioner set another date, which is a Case Management Conference.
My questions are:
1. What can I do to wrap up this case as quickly as possible?
2. Do they normally schedule a CMC after another CMC even though you have submitted and MSA?
3. Should I be asking for a different kind of hearing? If so, how can I do that?
4. At the upcoming CMC hearing, will I get a judgment or will it just be another status update?
5. Do I have to also submit form FL-190 (Notice of Entry of Judgment) before this hearing?
Thank you all for this great service. Appreciate your answers!
1 Answer from Attorneys
The last time that I litigated a divorce case in San Diego, there was a local rule that required the trial court to ensure that in family law matters, a hearing was always on calendar and scheduled for a future date, to move the case along. In that case that I was involved in, it was typical for the trial court to set CMC's constantly.
To move the case along, you need to make sure you get the appropriate paperwork filed as soon as possible. You are required to submit the Notice of Entry of Judgment form, with the correct information, at the time you submit a proposed judgment. Depending on the time frame of jurisdiction in your case, the court may sign the judgment before the CMC, in which case any remaining hearings may be vacated by the court.
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