Legal Question in Family Law in California
Final Judgment for Divorce
My son has been waiting for a final judgment on a divorce his wife filed for almost a year now. She filed and never finished it up so everything is in limbo..We only have temporary orders for child custody, etc.
How can my son get a final judgment filed if she does not do it.
The court is a silent court. Any ideas.
4 Answers from Attorneys
Re: Final Judgment for Divorce
A final judgment cannot be entered until at least 6 months after your son was served with the petition for dissolution of marriage.
If your son filed a response to the petition he can file a document called an At Issue Memorandum. This will result in the case being set on the trial calendar. He should check the court file for a final judgment. His copy may have been misaddressed or otherwise lost. If there is a final judgment in the file he can obtain a copy for a charge of about $1.00 per page.
He should, if financial able hire an attorney to finish the matter. If he lacks the funds many courts have clinics or other systems for providing assistance to those individuals representing themselves. These clinics etc are free, but often have a waiting list. Your son should make an appointment and take all of the court papers with him to the meeting.
Re: Final Judgment for Divorce
I will need to see the file to be able to tell you what will need to do next to obtain the final judgment. I presume this matter is not going by default since there is temprory custody orders. In that case, if the discovery has been completed as to community/separate properties then you may either sumbit a stipulated judgment or if it is a contested matter then file a request for trial setting. If you need assistance you may contact me at 310-839-7700
Re: Final Judgment for Divorce
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Attorney Johnson's advice is right on point.
THanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Final Judgment for Divorce
Prior to a final judgment, a preliminary and final disclosure of financial information must be exchanged and declarations filed. What documents has your son filed? Please call me directly at (619) 222-3504.