Why Their Simple Divorce Took 5 YEARS (Don’t Let THIS Happen to YOU) – Los Angeles Divorce Insights
Divorce can be a complicated and drawn-out process, but sometimes even seemingly straightforward cases can stretch on for years. I recently finalized a divorce case that began back in 2019 and only reached completion today—five years later. This experience highlighted some crucial lessons for anyone going through a divorce, especially in California. If you find yourself wondering why your divorce is taking so long or what steps you might be missing, this article is for you.
In this post, I’ll walk you through the story of a couple who thought their divorce was done after a spouse support hearing, only to discover that several important steps were still incomplete. Along the way, I’ll explain the key legal concepts involved, common pitfalls, and how you can avoid similar delays in your own divorce process.
The Case Background: A Divorce That Dragged On for Years
Back in 2019, this couple began their divorce proceedings after 32 years of marriage. The wife requested spouse support, which led to a hearing where both parties presented their financial information. The court then issued an order for spouse support based on the hearing. At this point, the couple believed their divorce was essentially finalized—they had a court order, and support payments were being made accordingly.
However, over the next few years, the couple did not submit the final divorce judgment package to officially close the case. This oversight meant that, from a legal standpoint, their divorce was still not finalized. After multiple attempts to submit the judgment were rejected, they eventually hired me to help complete the process correctly and efficiently.
Why Finalizing Your Divorce Matters: The Judgment Package
A key takeaway from this case is that having a hearing or court order does not automatically finalize your divorce. Even after a judge makes decisions on matters such as spouse support, custody, or property division, you must still submit a judgment package to the court to officially close the case.
The judgment package typically includes:
- The settlement agreement outlining the terms agreed upon or ordered by the court
- Relevant court orders, such as the spouse support order
- Required forms like the FL-343 (Spousal or Partner Support Declaration)
- Any other official documents necessary to finalize your divorce
Without submitting this package, your divorce remains legally incomplete, which can cause confusion and delays, especially if you or your ex-spouse want to move forward with your lives.
Understanding the “Minute Order” and Its Role
During the 2019 spouse support hearing, the court issued what’s called a “minute order.” This is essentially a written record of the judge’s decisions made during the hearing. However, the minute order is not the same as a formal court order that can be submitted as part of your judgment package.
Many people mistakenly believe that attaching the minute order to their judgment package will suffice. Unfortunately, the court will reject this because the minute order is just a summary or notes taken by the court clerk. The actual enforceable order needs to be drafted separately, incorporating the terms from the minute order.
In this case, the couple never turned the minute order into a proper order after the hearing, which contributed to the delay in finalizing their divorce. When we took over, we carefully extracted the language from the minute order and incorporated it into the official spouse support order and the FL-343 form, which was then included in the judgment package.
Common Misconceptions: When You Think Your Divorce is Done, But It’s Not
One of the biggest misconceptions is that once a hearing is completed and the judge has made decisions, the divorce case is automatically closed. This is not true. The court’s decision is only part of the process. The case remains open until all paperwork is properly completed and submitted, and the court issues a final judgment.
Here are some common scenarios where people think their divorce is finished, but it’s not:
- You had a custody or support hearing, but never submitted your settlement agreement or judgment package.
- You reached an agreement outside of court but did not file the necessary paperwork to make it legally binding.
- You attempted to submit paperwork, but it was rejected due to errors or missing documents.
In these situations, the divorce is technically still pending, which can cause problems down the road—such as difficulty remarrying, confusion over legal responsibilities, or ongoing uncertainty about financial obligations.
How to Avoid Delays in Your Divorce Process
If you’re just starting your divorce or are in the middle of the process, here are some tips to help you avoid the kinds of delays this couple experienced:
1. Work With a Professional From the Start
When you work with an experienced divorce professional, you can often avoid court hearings altogether if you and your spouse can agree on terms. In such amicable cases, there’s no need for a judge to make decisions, and the process can be much faster and smoother.
However, if there are contested issues requiring court intervention, it’s crucial to understand the steps needed to finalize your divorce after the hearing.
2. Understand the Difference Between Minute Orders and Formal Orders
Remember that a minute order is just a summary of the judge’s decision and not a final order. You or your attorney must draft a formal order after the hearing that the judge signs. This formal order is what will be included in your judgment package and becomes enforceable.
3. Submit Your Judgment Package Correctly
Filing the judgment package correctly is essential. This includes:
- Incorporating the exact terms from the court’s decision into your settlement agreement and court orders
- Including all required forms, such as the FL-343 for spouse support
- Ensuring signatures and responses are properly completed
- Addressing any court feedback promptly if your submission is rejected
In the case I handled, the couple had tried submitting their judgment package two or three times, only to have it rejected repeatedly. This is often due to small errors or missing paperwork, which can be avoided with careful review and professional assistance.
4. Don’t Ignore Court Notices or Deadlines
After a hearing, the court may send reminders or notices if your case is still open. Ignoring these can cause additional delays. If you receive such notices, take action immediately to complete the process.
What We Did to Finally Close This Divorce Case
Once the couple hired me, we took the following steps:
- Reviewed the minute order from the 2019 spouse support hearing to understand the court’s decisions.
- Drafted a formal spouse support order incorporating the exact terms from the minute order.
- Prepared the FL-343 form to accompany the support order.
- Assembled the judgment package with the settlement agreement, support order, and required forms.
- Coordinated the signing of all documents by both parties.
- Addressed any responses or minor issues without needing notarization, allowing for electronic filing.
With these steps completed, the court accepted the judgment package, and the divorce was officially finalized—five years after the initial hearing.
Final Thoughts: Don’t Let Your Divorce Drag On
This case is a perfect example of how important it is to understand the legal steps beyond court hearings and orders. If you’ve had a hearing or court decision in your divorce, don’t assume that your case is automatically closed. You need to submit the proper paperwork, including a formal order and judgment package, to finalize your divorce legally.
Taking the time to get these details right can save you years of frustration and uncertainty. Whether you’re just starting your divorce or stuck in the middle of a long process, working with someone who knows the system can make all the difference.
If you want to avoid the pitfalls that caused this couple’s divorce to drag on for five years, make sure you:
- Understand the difference between hearing decisions and final orders
- Submit your judgment package correctly and completely
- Respond promptly to any court notices
- Seek professional help if you’re unsure about the process
Divorce doesn’t have to be a never-ending ordeal. With the right knowledge and support, you can navigate the process smoothly and move on with your life.
For more advice and insights on divorce in California, visit Divorce661.com. If you’re ready to start your divorce or need help finalizing your case, schedule a free consultation to get clear guidance tailored to your situation.
