Legal Question in Family Law in California
Finalizing Divorce
My husband filed for divorce in May 2001. I was served by his attorney during a court hearing on custody and a restraining order. I responded and filed the forms in June 2001. Since than, I've moved out of state to AZ. I'm representing myself. Through many phones calls and letters with his attorney, we both came into an agreement. So his attorney wrote a Marital Termination Agreement in April 2002. Which we've both signed, however when I requested a copy of our file from the court in Aug 2003 only my forms were there... No forms have been filed by his attorney, no Dissolution of Marriage, no MTA was ever filed. I called his attorney and his response was that his client does not want him to pursue with the divorce at this time. We have a 7 year old daughter which he has NOT been supporting since she was 4, but he agreed to in the MTA.
So, my question is, Can I finalize the divorce if he did the filing but it's not in the courts records? Is this MTA an order if it was never filed with the court and it was not notarized? And how do I get financial support for my daughter?
3 Answers from Attorneys
Re: Finalizing Divorce
You can personally set up a hearing on child support. You will need to appear or your counsel and husband and/or his attorney notified. As to the divorce, you may proceed, however, I would have to look at the entire file to make certain you were directed properly. I would recommend you retain counsel since matters can get off track as you now know. Don Holben 800-685-6950
Re: Finalizing Divorce
i would need more specific details regarding the actual filing of your divorce to assist you in that area. however, if you are looking for support for your child, a final dissolution order is not needed necessarily, as you are within your rights to set up what is called an OSC hearing to have the court determine what you should receive in such support and begin having those payments made to you promptly by your ex, even while the final dissolution proceedings are still pending. if you would like further assistance in this matter, feel free to contact me today directly via email or call 562-983-5576.
Reply: Finalizing Divorce
I would consider filing a motion under C.C.P. 664.6, and at the same time submitting a proposed Judgment. C.C.P. 664.6 states as follows:
"If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement."
I also suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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