Legal Question in Family Law in California

Is there a way to force a summary judgment?

I filed for divorce in August of 2009. Since then almost all of the issues have been resolved one way or another. My ex has decided that for some reason she wants to drag out the divorce longer and is using our children as pawns with more demands for child support and alimony, all the while working in a cash industry (house cleaning). I just want this to hit an end point but all offers to settle are simply refused without a counter offer or what she is demanding. So is there a legal method to force a summary judgment and end this?


Asked on 11/05/10, 12:58 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

File a memorandum to set the case for trial on the remaining issues.

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Answered on 11/10/10, 7:01 am
Gary R. White Burton & White

If the required disclosures have been exchanged, you may set the case for trial. A settlement conference will be set in the weeks prior to the trial date and most cases are resolved at the settlement conference. Otherwise a written settlement agreement is needed to resolve the remaining issues.

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Answered on 11/10/10, 10:15 am

The previous answers are correct. There is no such thing as summary judgment in divorces. You have to set the case for trial following the rules in your county. Contact the Family Law Facilitator's office in your county for help with the local rules and proceedures. You need to bear in mind, however, that even once you get a final judgement, the court reserves jurisdiction to modify custody and support if personal or financial circumstances change. Also, unless you specifically request and the court agrees to terminate jurisdiction to modify spousal support, that too can be changed if she asks the court to change it later and proves a reason for it. Until the term of spousal support ends, and the children all turn 18 and graduate or leave high school, you can continue to be dragged back into court. It's just the way the system is.

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Answered on 11/10/10, 12:02 pm


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