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How long will it take for the Stipulation for Judgment to be effective and when will the Court issue the Divorce Decree?

West Hills, CA |

Brother's wife is a gambling addict and so we're trying move the divorce along as quickly as possible.

Attorney Answers 2

Posted

Assuming that all documents in the Judgment package were properly completed, signed and submitted, and depending on what Court the Judgment and associated documents were filed in, it could take up to three months for the Court to process, sign and enter the Judgment. Unfortunately, Court budget cuts have slowed the processing of Judgment packages. To expedite the signing and entry of Judgment, it may be necessary to file an Ex Parte Application - but it may be difficult for the Judgment Clerk to locate your particular Judgment Package to retrieve it to enable you to provide it to the Judicial Officer for signing and returning to the Clerk for entry of Judgment. If there were any errors or omissions in the Judgment Package, it will be rejected, and you will have to start the Judgment Package submission process all over after correcting the errors or omissions.

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.

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Posted

I agree with my learned colleague. I would also add that, in terms of when the stipulation is effective, you can include language in the judgment that clearly states (citing the appropriate code section) that you both intend for these orders to be effective immediately upon both your signatures so that you do not have to wait for a court's signature.

Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.

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Hillary Johns

Hillary Johns

Posted

I concur although I do think that in this case, it would be wise to have your lawyer appear ex parte to have the judge sign the order so it's completed, signed by a judge, and filed with the Court. The reason I say this is although the divorce is final, having an endorsed-filed copy of the Marital Judgment with all of its terms is helpful.

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