Don’t Dismiss Your California Divorce Case After 5 Years

Divorce cases can linger longer than expected, leaving many people wondering about the status of their proceedings. If you find yourself in a situation where your divorce case has been pending for years, don’t panic. There are ways to navigate the complexities of California divorce law and ensure that your case can still be finalized, regardless of how long it has been open.

Understanding the Five-Year Rule

In California, there is a common misconception that if your divorce case hasn’t been finalized within five years, it becomes automatically dismissed. This is not the case. While there is a statute of limitations that can affect divorce cases, it’s not as straightforward as simply losing your case after five years. Understanding this can save you a lot of time and stress.

Many individuals mistakenly believe their divorce is finalized only to discover years later that it remains open. This can happen for various reasons, such as not receiving the finalized paperwork back from the court or incorrectly assuming that all necessary steps were completed. It’s crucial to verify the status of your case if you suspect it’s still active.

How to Check If Your Case Is Still Pending

The first step in addressing an unfinalized divorce case is to determine whether it is still pending in the court system. Here’s how you can do that:

• Obtain your case number, which is essential for tracking your case.
• Visit your local court’s website, where most counties in California have case lookup tools.
• Enter your case number to see if your divorce case is still active.

For example, a client recently reached out to me, believing her divorce was finalized a decade ago. Upon checking the case number, we discovered that the case was still active. This situation is more common than you might think, and it’s essential to be proactive in verifying your case status.

Common Misconceptions About Dismissal

One of the most troubling pieces of misinformation I encounter is the advice given by self-help centers or even some court staff. In one instance, a client was told that because her case was over five years old, she had to dismiss it and start the process over. This is categorically wrong.

While it is true that cases can be dismissed after five years, this is not automatic. The court must file its own motion to dismiss, and simply reaching the five-year mark does not mean your case is lost. There are procedural steps that can be taken to continue your case.

What To Do If Your Case Is Over Five Years Old

If you find that your divorce case is still pending but over five years old, there is a workaround. You can file a stipulation to continue prosecuting the case. This document must be signed by both parties involved in the divorce and submitted to the court for approval. I have never encountered a situation where this stipulation was not approved, allowing the case to proceed without starting over.

It’s vital to communicate with your spouse about this process if possible. Both parties need to agree to the stipulation for it to be valid. This approach can save you from the unnecessary headache of refiling your case and incurring additional court fees, which can be as high as $435 per person in California.

Costs of Starting Over

Consider the financial implications of dismissing your case and starting anew. If the original filing was done years ago, you likely paid a fraction of the current court fees. Starting over could cost you significantly more. Instead of paying upwards of $870 to refile both parties’ cases, it’s often more economical to pursue the stipulation route and finalize the existing case.

The Importance of Accurate Information

It’s incredibly frustrating when clients receive incorrect information about their cases, especially from individuals in positions meant to assist them. Often, self-help center staff may not have the most up-to-date knowledge or experience with complex cases. Many are volunteers or have only been in their roles for a short time. Therefore, always double-check any advice you receive, especially regarding legal procedures.

If you’re unsure about your case or have been misinformed, reach out to a knowledgeable attorney who specializes in divorce cases. It’s essential to have an advocate who understands the system and can guide you through the process effectively.

Moving Forward with Your Divorce

If you’ve confirmed that your case is still pending, and you’re ready to take action, here’s what you can do:

• Contact Your Attorney: If you have legal representation, reach out and discuss your options. They can provide you with specific guidance based on your case.
• Gather Documentation: Ensure you have all necessary documents related to your case, including any previous filings and communications with the court.
• File the Stipulation: Work with your attorney to prepare and file the stipulation to continue prosecuting your case.
• Stay Informed: Keep an eye on your case status and any notices from the court. Being proactive can prevent further complications.

Conclusion

Don’t let the age of your divorce case deter you from pursuing its finalization. Many options are available, even if it has been years since your initial filing. By understanding the rules, verifying your case status, and seeking accurate legal advice, you can navigate the complexities of the California divorce system. If you’re facing challenges with your divorce, don’t hesitate to reach out for assistance. At Divorce661, we’re here to help you through every step of the process.

For more information or to discuss your specific case, visit Divorce661 or give us a call. Let’s wrap up your case and get you the closure you deserve.