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Author Topic: Length of time to get the divorce decree  (Read 1436 times)

olanna

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Length of time to get the divorce decree
« on: Jan 08, 2007, 09:22:23 AM »
Curious, Soc.

In you experience, what is a reasonable amount of time after the issues have been agreed upon and entered into a court to expect to recieve the divorce decree?

Let's say you filed two years ago, settled a year ago and still haven't recieved a decree, what can you do?

This is CA.

Thanks in advance,

Olanna


socrateaser

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RE: Length of time to get the divorce decree
« Reply #1 on: Jan 08, 2007, 06:24:20 PM »
>Curious, Soc.
>
>In you experience, what is a reasonable amount of time after
>the issues have been agreed upon and entered into a court to
>expect to recieve the divorce decree?

45 days max in CA.

>Let's say you filed two years ago, settled a year ago and
>still haven't recieved a decree, what can you do?

1. Call or visit the family law clerk's desk, and see if the judgment was entered and you were never notified.

2. If not, then call the judge's assistant (every judge has one), give him/her the case # and ask if he can tell you what's up.

3. If this doesn't work, write a letter to the judge, and copy the opposing counsel, asking what's going on. I doubt that this will be necessary, because the judge's assistant will probably be able to figure out what's up and tell you.

4. If nothing else works, file a notice of motion to enter stipulated final judgment, and that way the issue will be on the calendar, which means you'll get a hearing and the judge will have to tell you on the record why your judgment is still hanging out in space.

5. If nothing happens after that, then you can write to the chief judge of that county (copy other party/counsel) and ask if he will kindly find out what's going on.

6. If this doesn't work, then you can write to the chief justice of the CA Supreme Court and ask for some assistance.

7. If this doesn't work, then you will have to file for a writ of mandamus to force the judge to enter the judgment.

Something is seriously screwed up somewhere -- you just need to bring it to the court's attention.

olanna

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RE: Length of time to get the divorce decree
« Reply #2 on: Jan 09, 2007, 03:25:29 PM »
As usual, Soc...

Many many thanks to you!

 

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