Legal Question in Family Law in California
Divorce not complete. Over 2.5 years now.
My ''wife'' and I have been separated for over 2.5 years now. She went through a lawyer, I did not. This is an uncontested divorce, and I am signing over to her the house($300,000 in equity) and a timeshare, basicaly everything except my truck and tools. We have two kids 4, and 7 the agreement is that they live with her and I pick them up every other weekend to go to my house. My question is, her lawyer has not finished the divorce, how do I find out where it is in the process? and if the final paperwork is not in to the courts to go before the judge, how do I get it there? What paperwork will be needed, and who do I see about this case?
1 Answer from Attorneys
Re: Divorce not complete. Over 2.5 years now.
If you are talking about the actual end of the marriage, you need to see if a judgment of dissolution has been filed and signed by the judge. That should be in the court file.
If you are talking about all of the property and child support, and child custody issues, you should ask her lawyer for a Marital Settlement Agreement which would be an agreement between the two of you to resolve those issues. I suggest you seek a lawyer's help regarding these issues as you are entitled to 1/2 of all community property including 1/2 of the house equity if the house is community property.
Good luck.
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