Legal Question in Family Law in California
Just wanted to know why our divorce is not getting finalized? Divorce was filed by my wife February 2011. Anything I need to do to finalize our divorce ASAP?
4 Answers from Attorneys
The court does not finalize a divorce for you. The court passes judgment on disputed issues that you present by motion, OSC, or request for a trial, or enters orders or a final judgment based on agreements of the parties. You and/or your wife have to do all the rest or hire an attorney to do it for you. What "all the rest" consists of, depends on the details of your case, and can fill a book. As a matter of fact it fills a pretty good book called "How to Do Your Own Divorce in California." It is published by Nolo Press. I recommend you get a copy of it or a similar book.
Or you write up a stipulated judgment with your wife and file that with the court or you could file an "At Issue Memorandum" with the court which would set the matter for a mandatory settlement conference at which you might resolve things.
Mr. Schneider is mistaken. If all that has happened is your wife filing, the court will not enter your stipulated judgment even if it was complete and in proper form. He is sort of correct that an At Issue Memorandum would get you called into court for a case management conference at which a settlement conference would almost certainly be set, but that will not finalize your case either, even if you reach a settlement, because you still have to file all the paperwork preliminary to and then for entry of your final judgment. Get a book or get a lawyer.