Sunday, September 25, 2011

HOW CAN I GET THE COURT TO ISSUE A JUDGMENT THAT FINALIZES MY DIVORCE?

QUESTION: Last December we finally had a trial on our divorce proceedings and the Commissioner decided all of the issues in our divorce (spousal support, 401k, etc). My ex's attorney was told to draft up the judgeship for signature. My ex fired her attorney prior to signing the judgment and won't sign one now. It is 8 months later and I'm still not divorced. This process has been going on for about 4 years. How do I end it? How do I get the court to issue a judgment that states we are divorced?

MY RESPONSE:

You would best retain an experienced Family Law Attorney to complete the case for you.

If you can't afford to retain an attorney, you should at least consult with an attorney.

I can't determine from your question whether or not your ex's attorney drafted a Judgment, and if so, whether the Judgment accurately set forth the Court's decisions on all of the issues.

If your ex's former attorney did not draft a Judgment, you or your attorney will need to draft a Judgment, likely needing a transcript of the Commissioner's oral pronouncements at trial, or at least the Minute Order of the trial - if it set forth those oral pronouncments, to ensure that the Judgment is accurate.

The Judgment will then need to be served on your ex by mail, and if it hasn't been signed and returned to your attorney within 10 days (allow an additional 5 days for mailing), your attorney will need to present the Judgment to the Court with a Declaration reflecting that the Judgment was provided to your ex, and that your ex has not signed and returned that Judgment to your attorney.

If your ex signed the Judgment, the Court will enter the Judgment. If your ex hasn't signed the Judgment, then based on that Declaration, the Court will enter the Judgment.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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