I've been trying to get my divorce finalized. And it keeps getting rejected. If it's not one thing, it's another. I want my divorce to be finalized before the year ends. If I hire an attorney, will this expedite my divorce and be finalized? It's been over 6 mos now. This is my latest rejection on my case.
12/05/2012 Rejection Notice Not Applicable
Rejected document(s) judgment packet submitted by Irene Maldonado Diaz for the following reason(s):
The declaration re: Service of Declaration of Disclosure and income & expense for the
petitioner is incomplete. Please enter method and date of service for the prelimary. This form
must also be completed and filed for the respondent. Blank form enclosed.
Request to enter default does not have income & expense attached as marked.
This judgment/order contains provisions for child support. Submitting party must complete and submit for processing a child support case registry form (FL-191).
Dissomaster required as an attachment
11/02/2012 Case assigned to department F401 (Riverside)
11/02/2012 Case assigned to commissioner Kenneth J. Fernandez in department F401. (Commissioner)
I agree with Mr. Bunyard. Additionally, it appears the court is requiring you to file and income and expense declaration because of a box you checked. You may be able to avoid this but an attorney would have to see the file to make that determination. You should go on the Riverside County web site. http://www.riverside.courts.ca.gov/publicaccess.shtml and go to the forms page and search the family law forms for form FL-182 which is a judgment checklist that you may find helpful.
Family Law Attorney
I understand your frustration. You can and should retain an experienced Family Law Attorney to complete your divorce. Start interviewing them until you can find one in whom you have confidence. Good luck.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
Family Law Attorney
I would suggest hiring an attorney. He or she will be able to quickly finalize your documents according to the notes provided. However please keep in mind, if the other party must also submit documents and does not cooperate, that alone will postpone the matter. I hope this is helpful and if so please take a moment to check the box above. I wish you the best of luck.
It is difficult to give accurate legal advice when all of the details of your case are not known. Please take this into consideration and consult a local attorney if you need additional assistance.
Family Law Attorney
It appears that the other party needs to submit documents in order for the Judgment to be finalized. It appears from the notes you provide that they need to complete their Declaration of Disclosure (Schedule of Assets and Debts + Income and Expense Declaration) and serve it on you. You need to do the same. Those disclosure documents are NOT filed with the court, but a form succinctly entitled, "Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration" MUST be filed with the court by each party and MUST contain the date of service and manner (personal or mail) of service.
Your local family law facilitator should be able to help you for free. If not, experienced counsel who gives a free consult can help.
Shawn R. Bunyard. www.tavislaw.com. The discussions above are for general information and DO NOT establish an attorney-client relationship. The discussions shall not constitute legal advice and are not intended to supplant or replace legal advice. You should consult an attorney in your area for legal advice as they will have the proper legal knowledge applicable to your case.
Divorce / Separation Lawyer
The other attorneys were correct. But, I would add that Commissioner Fernandez is a stickler for the law and he will not sign a judgment unless everything is absolutely as it should be. But, just hiring an attorney to finish the process will NOT ensure that the divorce will be finished by the end of the year. Even if you get the documents you need, it would appear that the other party also needs to do some work, so, you must rely upon him. In addition, the Riverside court has a backlog of judgments which means that it will take a while, once the documents are submitted, before the judgment will be processed and the judgment will become final. Good luck!