Legal Question in Family Law in California
Revival of uncontested Action by Respondent
My Divorce action stopped flat when I responded to the Pettition and my wife refused to file for a hearing or anything further. She remains uncooperative
and I wish to finalize the matter. We have no minor
children,no property or other matters for the court to settle,(except retirement entitlement) which I have since changed my stance on ,and stipulate that the matter may procede uncontested. She requests no support,and has a career of her own. marriage lasted
24 years. Question : Can I request the court to set a hearing or set some movement to this ongoing matter.
It's been three years now!!
thank you for your time
Dale W.--name removed--
24
2 Answers from Attorneys
Re: Revival of uncontested Action by Respondent
Go to the clerk of the court where your case is filed. Ask for an At Issue Memorandum. Fill out both sides. Mail one to her. Take it back to court (original and at least one copy). File it with the clerk. Depending on what county you are in, you should get a notice a few weeks later giving you a trial date a few months later. Estimate your time at 2 hours.
Re: Revival of uncontested Action by Respondent
Yes you can bring that case to a conclusion without her cooperation.