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Trying to make sense of my divorce progress, what should I do?

Long Beach, CA |

Filing Date: 01/05/2012
Case Type: Dissolution of Marriage (General Jurisdiction)
Status: Pending
---
Documents Filed (Filing dates listed in descending order)
08/07/2012 Stipulation-Waive Service Dec Disc
08/07/2012 Declaration-Serv Final Decl of Dis
Filed by Petitioner
08/07/2012 Stipulation, Appearance & Waivers
08/07/2012 Declaration-Default
05/15/2012 Judgment-Package Received-STIP
02/22/2012 Declaration-Serv Pre Dec Dis Inc
Filed by Petitioner
02/22/2012 Declaration-Income & Expense
Filed by Petitioner
02/15/2012 Declaration-Property
Filed by Respondent
02/15/2012 Response
Filed by Respondent
02/15/2012 Declaration-Serv Pre Dec Dis Inc
Filed by Respondent
01/19/2012 Proof of Service-Summons & Com
Filed by Petitioner
01/05/2012 Summons-Family Law
Filed by Petitioner
01/05/12

Attorney Answers 4

Posted

Looks like you are describing the activity per the court website. Your spouse filed for divorce. You filed a response. You entered into some kind of agreement and agreed that it may proceed by default. The court received the judgment package. No decision on it yet. Too early to panic. The court will take weeks before it process the default package assuming it is correct.

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Asker

Posted

Thank you Mr. Toscano for your insight.

Asker

Posted

Hello Mr. Toscano I recieved form FL-190 (along with many other forms i submitted) with a date of Aug 30, 2012 and signed by clerk /court. This is the form that make it final correct? With that said, when I look at the La Superior court Online Case Summary page - the status still say's pending? What gives? thanks in advance for your help.

Oscar Ernesto Toscano

Oscar Ernesto Toscano

Posted

The notice of entry of judgment tells you a judgment was entered. There is 60 days for an appeal to be filed and the judgment is not final until then. This is why it is still pending.

Asker

Posted

Thank you.

Posted

It is unclear from your question whether you are the petitioner or the respondent. A judgement package has been delivered to the Court pursuant to stipulation and the parties are waiting for it to be signed. You are not yet divorced.

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Asker

Posted

Thank you Mr. Dwyer for your insight. Btw, I am the petitioner.

Posted

Most courts take approximately 6-8 weeks to review and approve/reject the judgment documents. Your paperwork is in the window. It is possible for the court to get to it sooner, but this is what the clerks are projecting. You will receive notice once the judgment is approved or rejected. That notice, assuming the judgment is approved, will give you your effective date of divorce. Until such time, you are still married. If your judgment is rejected, you will receive the documents back (or the Petitioner will) along with a rejection form that explains the deficiency/ies. Those will have to be corrected, re-filed (along with the rejection form) and you will again await approval or further rejection.

I hope this is helpful.

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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Asker

Posted

Thank you Ms. Martinez for your insight. When you say that the court may take 6-8 weeks to review the judgement documents, is that from the date I filed them on May 15? or from the most recent activity on August 7? Thank you in advance.

Asker

Posted

Hello Ms. Martinez. I recieved form FL-190 (along with many other forms i submitted) with a date of Aug 30, 2012 and signed by clerk /court. This is the form that make it final correct? With that said, when I look at the La Superior court Online Case Summary page - the status still say's pending? What gives? thanks in advance for your help.

Posted

It appears that you or your spouse are in the final stage of completing the dissolution of marriage process. It also appears that a Judgment package was submitted in May 2012 and that they got around to processing it on August 7, 2012. What concerns me is that they didn't enter the Judgment, which can mean one of three things:
(1) they haven't finished reviewing the Judgment,
(2) there is a problem with the Judgment that was submitted and they will send you a rejection notice telling you what needs to be fixed, or
(3) the court is in the process of setting a hearing to enter the Judgment. If the court sets a hearing date don't be alarmed. Usually when this happens the court just wants to make sure that both parties understand the Stipulation they have entered into.

Either way you should be receiving something within the next two weeks letting you know the status. If you do not hear from the court I would suggest calling the clerks office.

Please note that until you receive the Notice of Entry of Judgment and the Judgment indicating the dissolution date you are still married.

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Asker

Posted

Thank you Ms. Wilson for your insight. I submitted the judgement packet with a Marriage Settlement Agreement on May 15. Would that create more review time with the court? As for (3) the La Superior court shows a Future Hearing date: Future Hearings 07/08/2016 at 13:30 PM in department CE2A at 111 North Hill Street, Los Angeles, CA 90012 Non-Appearance (Case Review) Why is it in 2016?

Margaret Davalene Wilson

Margaret Davalene Wilson

Posted

Submission of the Judgment will not create more review time. I believe your Judgment should have been completed by now. I would suggest that you call Department 2 to find out why the Judgment has not been entered (their phone number is 213-974-5566). The date you are talking about is a Non-appearance case review. They are done for a variety of reasons (to make sure that the Respondent has been served, judgment has been entered, etc.) In California if a case is not brought to Judgment within 5 years it is dismissed for failure to complete the case (in family law that means having a Judgment). Department 2 is the Family Law's Supervising Judge's courtroom. Based on that, I would assume this was set by the clerk just as a reminder to make sure that the case is completed and if not they will send out a Notice of Hearing Regarding Dismissal for failure to complete the case. Please note that I use the term complete loosely because the court reserves jurisdiction in Family Law cases to continue to resolve certain types of disputes even after Judgment is entered.

Asker

Posted

Hello Ms. Wilson, Thank you again for your advice. I contacted Dept. 2 and they said that the court is back logged and the activity I see on 8/7/12 is an acknowledgement of the documents. It is waiting for court review and judgement. The clerk said it may take as much as 3-4 additional months. Argh!!! That seems so long considering I started the process in January of this year. She suggested that I keep checking the family law website.

Margaret Davalene Wilson

Margaret Davalene Wilson

Posted

I'm sorry to hear that they are going to take so long with your Judgment.

Asker

Posted

Hello Ms. Wilson. I recieved form FL-190 (along with many other forms i submitted) with a date of Aug 30, 2012 and signed by clerk /court. This is the form that make it final correct? With that said, when I look at the La Superior court Online Case Summary page - the status still say's pending? What gives? thanks in advance for your help.

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