My husband filed for summary desolution in California on 12/2/2011. My understanding is, if everything goes according to the timeline our divorce will be final on 6/2/2012, which is just a few weeks away.
If my husband agrees, can this divorce proceeding be delayed? I understand a divorce cannot be stopped in California, but I would like more time to work things out with my husband.
If this is possible, what form is required (in Santa Clara County, California), and how long can our divorce be delayed?
Is your husband in agreement with this suggested delay on your part or is this just what you want? If your husband won't agree, you can't stop the divorce. California is a no fault divorce state. The Judgment has already been signed, it sounds like. If he's in agreement, then it's a bit more than a form, you'd have to file a motion, ex parte, to stop it.
If that's how you wish to proceed, speak with a family law lawyer in your area if you're both in agreement. If that doesn't work, you can always remarry the same person. It wouldn't be the first time that the same couple is married twice.
Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.
You need to take your papers to an attorney to see procedurally where you are. There is a 6-month waiting period for a divorce to become final, but you are not automatically divorced 6 months after the case is filed.
Office No. (408) 977-1382
The advice provided is general in nature and is not based on any confidential communication or information provided by the requesting party. To receive complete and specific legal advice you should consult personally with an attorney in your area.
Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.
It's really not the Court's position to actively encourage people to get divorced, the Court simply carries out the provisions of the law. First, at any time your husband and you can dismiss the action in its entirety before the entry of a final Judgment. In the alternative you can sign a stipulation and order that would continue any projected outstanding termination date. Since you are both in pro per your signatures should be notarized. A stipulation is a relatively simple document and you can have an attorney prepare a stipulation for you for a very reasonable sum.
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline