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Can a divorce be finalized without a settlement?
Anonymous4 views4 answers
I have no clue what steps I need to take to get this divorce finalized. My ex has a lawyer so I'm sure he knows, but I have no idea. Can a divorce be finalized without a settlement being done if neither of us has taken any of the steps past filing, being served, and me responding? What steps do I need to take to get this over? Case is in Riverside County, our custody and child support has all been done. We don't have much property, just little things like a laptop, printer, etc, and some debt. And a car, but we're in agreement on that one thing, that he keeps the car and should refinance it in his name (can I get him refinancing it court ordered?) and make the payments on it.
You need to complete and exchange declarations of disclosure which consist of a schedule of assets and debts (FL-142), Income and Expense Declaration (FL-150), Declaration of Disclosure Form (FL-140); and then file Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (FL-141). If you have some property, you need to have some sort of marital settlement agreement or stipulated judgment with your judgment packet which is a whole different set of forms.
As for refinancing, a Court can order it, but the financier doesnt have to follow the court orders, as they are not binding on the financier.
Hetinder Singh GillImmigration AttorneyIrvine, CA ·
You will need to submit the disclosures, declaration of disclosures, disclosures and will need some type of a marital settlement or stipulated judgment. You should consider hiring an attorney for processing this for you to save yourself some time and frustration.
Richard Eric Anthony DwyerDivorce / Separation LawyerMountain View, CA ·
You can resolve a divorce without a settlement by going to trial. Simply do what is required -- exchange declarations of disclosure, attend status conferences, request a trial date, advise the Court of the other parties' noncompliance, file an OSC for a Court Order requiring the other party to comply by set deadlines (e.g., 20 days of the Court's ruling) or have their response struck. Then proceed to trial.
In the alternative, 6 months after filing for divorce - file a motion for status only dissolution (you are legally entitled) so that your marriage will be legally terminated while the Court retains jurisdiction over your community property.
I have a Southern California office in Irvine and can be reached at 800 372 9983.
Don't be so sure that your Child Custody and Child Support has already been done. You may only have temporary orders, pending trial or settlement. Also, if you want a condition for your husband getting the car to be that he must refinance it, those terms should be included in a Stipulated Judgment, along with a fallback position that the car would have to be sold if he fails to refinance it in his own name within a certain period of time. You would best at least consult an experienced Family Law Attorney regarding the issues in your case and what is necessary to resolve your case.
