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How can I proceed with the divorce my wife filed but refuses to finish?

Hesperia, CA |

My soon-to-be ex-wife filed for divorce in March 2011, I responded. Nothing further happened until I filed an At-Issue Memorandum and we had our hearing in February 2012 where my ex was ordered to prepare the final judgment. In November 2012, my ex finally tried filing that packet for the first time since February and it was returned to her due to needing an updated FL-170. She tried again in December 2012 and was rejected again for the same reason. Two months later, she's done nothing more. In March, it'll be two years since she filed. Even though she was previously ordered to prepare the judgment, what can I do to further the divorce proceedings?

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Attorney answers 3

Posted

You file it and be done with it.

Asker

Posted

Even though she was the one ordered to prepare it?

Michael Douglas Shafer

Michael Douglas Shafer

Posted

Sure.. Court will not mind. Just be sure it is accurate. Sounds as if that if you do not do it, the whole thing will languish.

Asker

Posted

Uh-oh! Can't let that happen, it was expensive!! I will definitely get paperwork going. Thank you for your advice!

Michael Douglas Shafer

Michael Douglas Shafer

Posted

Yup. I am up in Victorville all the time.

Posted

I agree with counsel. Use the copies of the documents your ex used and use the updated form which you can get at the following link:
http://www.courts.ca.gov/forms.htm?filter=DI. If you found this helpful and/or the best answer, please let the attorney know and check the box on the bottom indicating so. Thank you and best of 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.

Posted

Even though she was ordered to prepare the Judgment package, she is obviously having problems submitting the appropriate forms. If you both have a signed Stipulated Judgment, and all of the forms are signed, then you can prepare the Judgment package and submit to the court. If you need help with that, you can go to the Family Law Facilitator's office for help. I'm sure you are eager to be done with it so I'd suggest taking care of it yourself. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

Asker

Posted

Unfortunately, we do not have a signed Stipulated Judgment. Does that need to be completed before the Final Judgment can be prepared and filed? As of right now, I'm working 40+ hours per week and have no time to make it to the Facilitator's office. I will definitely look into this process and hopefully get this done soon. It's taking way too long at nearly a year in between each completed process. Thank you all for your help!!