Legal Question in Family Law in California
my husband filed for divoce sept 2010. Its pending since oct. How long can he sit on it and not dismiss the case?
2 Answers from Attorneys
It is not clear who you mean by "who" and what you mean by "sit on it."
Your husband can dismiss the case, at any time, when he wants to, prior to a judgment.
With respect to the court, however, the rule is different. Domestic relations cases are exempt from the fast track guidelines imposed on regular civil cases. However, there is an outer limit. The court must dismiss the case when the summons and petition are not served within 3 years after the action is commenced.
different counties proceed at different paces. many divorces take 4 or 5 years to be processed (and even longer if there is a lot of disagreement). Have you been served with the petition? Do you want to speed things up? If you have been served, file a response and ask for court rulings regarding custody, support or property division. at each hearing the court will make rulings as it sees fit and set future hearings as necessary. If you are in a hurry to get the divorce finalized, be responsive or even file your own petition. Ask for consolidation and get moving.