Finishing Your California Divorce: Steps to Take When Your Case Is Incomplete
Have you started your divorce in California but never completed the process? You’re certainly not alone. Many individuals find themselves in this situation, often years after initiating their divorce. In this blog, we’ll explore common issues, provide guidance on what to do next, and outline the steps to finalize your divorce.
My name is Tim Blankenship from Divorce661.com, a licensed and bonded legal document preparation firm specializing in California divorce. We frequently hear from people who filed for divorce long ago but never completed the necessary steps. Let’s dive into how you can wrap up your divorce case effectively.
Understanding the Problem
Many people begin the divorce process thinking they can handle it on their own. However, without proper guidance, they often fail to complete the necessary steps, leading to incomplete cases. A common scenario we encounter involves individuals who filed for divorce years or even decades ago, only to realize that they never served their spouse or finalized their case.
For example, I spoke with someone who filed for divorce back in 2008 and never served their spouse. They were unsure whether they needed to start over or if they could pick up where they left off. This situation is more common than you might think.
Steps to Take If Your Divorce Is Incomplete
Here’s what you should do if you find yourself in a similar situation:
- Locate Your Case Number: If you don’t have copies of your filed documents, you need to go to the courthouse where you initially filed. In Los Angeles County, for instance, you can visit any branch, such as San Fernando or Lancaster, to access public records and search for your case number.
- Check the Status of Your Case: Once you have your case number, you can find out whether your divorce case is still active or has been dismissed. If the case has not been canceled and you never served your spouse, you may still proceed.
- Serve Your Spouse: The next step is to serve your spouse with the divorce papers. This is crucial, as it officially notifies them of the divorce proceedings.
- Complete Financial Disclosures: After serving your spouse, you must complete the financial disclosures. This includes the preliminary declaration of disclosure, income and expense schedules, and a list of assets and debts.
- Finalize Your Divorce: Finally, you will need to complete the final judgment paperwork to officially dissolve the marriage.
What Happens If Your Case Was Dismissed?
If your case has been dismissed due to inactivity, you will need to start the process over. Fortunately, if you have all the necessary information and documentation, it may be easier than you think.
In some cases, the court may dismiss cases after five years of inactivity. However, due to the current backlog in the legal system, this may not happen as frequently. If your case is still active, you can pick up where you left off.
Common Misunderstandings About Divorce Completion
Many individuals mistakenly believe that they are divorced after filing the initial paperwork. This is not the case. Until a final judgment is entered, the marriage remains legally intact. We often hear stories from clients who have remarried without realizing their first divorce was never finalized.
For example, one client thought she had finalized her divorce 10 years ago. When she went to remarry, she discovered that her divorce had never been completed. This situation can lead to complications, especially when it comes to legal status and obligations.
Real-Life Examples
Let’s look at a couple of real-life scenarios that illustrate this issue:
- Case of the 18-Year-Old Divorce: One client reached out to us regarding a divorce case that was over 18 years old. She had filed for divorce, served the documents, but did not complete any further steps. We helped her track down her old paperwork, and she was shocked to learn that her divorce was still pending.
- Short-Term Marriages: Many older cases involve short-term marriages with no children or shared assets. These cases tend to be more straightforward to finalize since there are fewer complications to address.
How We Can Help
If you’re in California and need assistance with your incomplete divorce case, we can help. We specialize in California divorce cases and can guide you through the process of finalizing your divorce.
Here’s how we assist:
- We help you locate your case number.
- We provide guidance on the necessary steps to complete your divorce.
- We prepare and file the required legal documents.
- We ensure that all financial disclosures are completed accurately.
- We help you navigate any complications that may arise.
Final Thoughts
It’s crucial to understand that filing for divorce is just the beginning of the process. Completing your divorce requires careful attention to detail and a clear understanding of the legal requirements. If you find yourself in a situation where your divorce is incomplete, don’t hesitate to seek help.
At Divorce661, we are here to assist you every step of the way. Please reach out to us at 661-281-0266 or visit our website at divorce661.com for more information. Remember, you’re not alone in this process, and we’re ready to help you finalize your divorce.