HOW CAN I MOVE MY DIVORCE ALONG?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How can I move my divorce along? My ex husband-to-be filed for our divorce as the petitioner. After I got the papers served on me, I did not respond, expecting that he would file a default and complete the process. Only later did I find out that he never followed through, and it has been 5 years since he served me! Needless to say, I wanted to take care of this matter, so I filed my response with the court, along with the income statements and related materials. That was in April 2010. The response was mailed to him back in April, but he has still never responded! I am trying to find out what action I can take as the respondent to get this marriage dissolved. I cannot file a default because I am the respondent. Please help!

ANSWER: The Court can dismiss a case that hasn't gone to trial or been resolved within five years of its filing, so you run a risk of dismissal, but in my experience, the Courts haven't been very diligent in enforcing the 5-year statute. Your best bet would be to retain a competent Family Law Attorney to represent you, prepare and serve your Declarations of Disclosure, do whatever discovery may be appropriate, and set the matter for trial, if unable to settle the case with your husband.