Legal Question in Family Law in California
I filed for divorce in 2009 and haven't signed a final judgement yet. How long do I have in the state of california before its dropped and I have to start all over again? can it go on indefinitely as if it's on hold before the final judgement?
2 Answers from Attorneys
As far as I know, it will go on indefinitely until a party or the court decides to act on the file. Divorce is not subject to the mandatory dismissal statutes that apply to other civil cases.
Family courts can and do dismiss dissolution actions that are not being diligently prosecuted pursuant to Code of Civil Procedure section 583.420 subdivision (a)(2)(B)
If you want to get divorced, you need to get on the ball about serving the petition and summons, and taking the other party's default if they don't timely file a response. If they file a response, you need to check your local rules and file a memorandum to set the case for trial.