I filed for divorce and served my ex on January 5th, 2012. We went to court for child custody and child support, which my lawyer did NOTHING for me. Actually, she made it worse for me and did not fight for me. My question is this. When will my DIVORCE get finalized? My lawyer and I have not been in contact much since the judges decision and I am wondering if she is handling my DIVORCE papers as well or if the DIVORCE papers have already been filed with the courts when we filed for child custody and child support. Is there something else I should be preparing for is it up to the lawyer to finish the DIVORCE paperwork? I am confused.
State/Country relating to question: California
Hi - my name is XXXXX XXXXX X'm a family law litigation attorney here to assist you.
Under California law, once the judgment of divorce is entered by the court, there is a 6 month waiting period. Once that waiting period expires, the divorce is final.
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So you are telling me that I don't have to do anything any more and don't have to rely on my lawyer anymore and that once the 6 month waiting period is over, I'll get a judgement from the courts saying that I am legally DIVORCED?????
Generally speaking, once the judgment of divorce is signed by the judge, you should be done with your attorney as the judgment will automatically be final after the waiting period expires.
When you say "judgement of divorce", you are talking about the paperwork I filled out filing for dissolution of marriage correct?
No, that's probably your divorce petition - I really can't say without looking at the documents, but if you're referring to the documents you signed to get the process started, that's not the judgment of divorce.
The judgment of divorce is what the judge signs that resolves all matters related to the divorce (child support, spousal support, property division, etc.). Once the judgment is finally entered by the judge - either after the trial of the case OR upon your agreement/settlement of these issues -, the 6 month period begins to click.
Ok. I get it. The judge signed paperwork resolving the child custody and child support issue on March 22, 2012. So you are saying the 6 month waiting period starts from March 22, 2012 and NOT January 5, 2012 when I started the paperwork and got my ex served her papers correct?
Also, my ex did not ask for spousal support. Will the judge try and enforce that even though she is NOT asking for it here in California?
That's correct. The 6 months starts from the day the judgment for divorce is signed.
No, if your spouse waived spousal support, the judge should not disturb that.
Thanlk you so much! I really appreciate it. :)
Sure. Good luck
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