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FamilyAttorney
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1355
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My exhusband and I are going through a divorce, he is unable

Customer Question

My exhusband and I are going through a divorce, he is unable to pay the lawyer he hired {I've been going it alone} and she currently hasn't filed our stipulated judgement because of that fact.. What can I do to make the process continue? How do I file a stipulated judgement myself? What paperwork do I need?
Submitted: 8 months ago.
Category: Legal
Expert:  FamilyAttorney replied 8 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Expert:  FamilyAttorney replied 8 months ago.

Cal. has a site which has forms for papers to complete the divorce. You would need to do these papers, have your ex-husband sign at least one of them -- it will show where his signature is needed -- and file these with the clerk of the court along with the stipulated judgment. Do you have a copy of the stipulated judgment? If you do, you can redo it as an original. His attorney should not be holding up the process whatsoever but I know it happens sometimes.

I have the link to the site here, and I opened up the part of it which is for the forms to complete the divorce, not to start the divorce. Those forms are here:

http://www.courts.ca.gov/8218.htm

The forms are listed under cases where you have a stipulated judgment and you where you appeared in the case.

Can you see if this will work for you?

Expert:  FamilyAttorney replied 8 months ago.

It is listed under Forms to Use When Your Spouse/Partner Filed a Response and You Have a Settlement Agreement or a Stipulated Judgment.

The forms are for the situation where you want to finish the divorce and you have the stipulated judgment. If you don't have it, perhaps your ex-husband has a copy of it? If not, you will have to recreate it and work out your own version of the stipulation, and he'd have to fire his lawyer if he's going to redo this.

This should work in your situation because these are the papers that are meant to finish the process of getting the divorce.

Have I answered your question?

Expert:  FamilyAttorney replied 8 months ago.

I'm not asking for a phone call -- the site is. If you need additional help with the stipulation, just let me know.

Please let me know if you have any more questions as I am happy to answer them.

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