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Can I refile divorce papers?
Anonymous9 views2 answers
I have a divorce in limbo, it is in the courts as "Off calendar". It has been 6 months. My ex has agreed to not respond so we can avoid the court room. We have a simple divorce, no financials or property. Nothing is being argued and she agrees with all the paper work submitted. She just filed a Response when she didn't have to.
The divorce is in California and she is out of state. Since she filed a Response we are now being asked to attend a class, file past taxes, financials etc. She is dragging her feet and not doing her part.
Is there a was to "start over" at the point where she does not respond? Do I have to file a motion to default or compel?
Thanks,
Jesse
You do not have to "start over." Rather, you need to move your case forward by filing an "At Issue Memorandum" with the court to put the case on track for trial. The court will then set the case for a Trial Setting Conference and likely order both parties to complete their respective "Preliminary Declarations of Disclosure" (financial disclosures) which are required by law to be completed and served on the other party in all California divorce cases. The court will then set the case for a Mandatory Settlement Conference to force both of you to try and work out a settlement. I suspect that somewhere along the way, she will want to settle instead of going to trial. You will need to do the correct paperwork for the financial disclosures and the stipulated Judgment to settle the case, and I highly recommend that you have an attorney help with that.
Yes this is all correct. In addition if you both agree to the terms of a settlement you can have your attorney draft a Marital Settlement Agreement (MSA). This will lay out the terms of your agreement and will be submitted to the court for approval.
Make sure that you have covered all the issues and that the paperwork is done right. This will save you time and expense in the future. Sitting down with a good family law attorney will be your best bet.
