Legal Question in Family Law in California

I have been trying to get a divorce since 2008 and my ex has been finding one way or another to prolong it so he can continue to use my benefits. I finally got the papers so I can turn them in. He has been holding on to the papers that were returned for months now because he wrote my name down wrong. The papers were sent back so they can be corrected. Is there anything that I can include to request that the judge make the divorce final right away instead of waiting the 6 months?
Initially he filed but he never served me with the papers even though he told the courts he did. Once I got he papers I filed. He did not show up for court so the judge did not make a ruling because the case was for child support as well as divorce. I had to re-file to get another court date for divorce. Once I re-filed, he responded in question to some of the things I put on my response. His papers did not correctly have my name. They were sent back along with all the documents. These documents he held on to for months. I now have them and can turn them in but I want to know if there is any way around not waiting the 6 months waiting period. We both want this divorce and the issue with the kids have been taken care of. We do not need a cooling off period.

Asked on 7/03/12, 11:17 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

0 users found helpful

0 attorneys agreed

If he filed for divorce, the six (6) month period would run from either the time you were served or the time you first appeared in the case. You talk about refiling, which is not clear whether you have filed a new and separate petition for dissolution of marriage, or you are simply referring to OSC's and motions filed in his original petition for dissolution.

Answered on 7/03/12, 12:37 pm

Mark as helpful