In this video, we’re talking about certain time frames you have when completing your divorce. We started a divorce case a month or 2 ago and while the majority of our cases get done relatively quick, sometimes clients will get hung up and have some decisions they have to make and maybe it’s going to take some time for those decisions.
So the email i got was, “Tim it’s been 3 or 4 months and we haven’t finalized our divorce, are we running out of time? The answer is no.
In California, most of the courts will state that you have 5 years to complete your case. Now, they’ve been getting more strict in cases where they’re not moving forward. We’re starting to say cases being dismissed prior to the 5 years.
What you want to do is make sure that your case is moving forward at all times. For instance, if you’re filing your divorce case, you should have it served relatively soon. The courts generally, and each court runs somewhat different, but generally the courts will not get involved or send out any notices until 60 days have passed from the date of filing.
If you want to avoid the court’s involvement in sending out notices, file your proof of service in at least 60 days. Following that, at least in LA County courts, and other counties are going to be different, they will start sending out notices if you have not submitted your procedural documentation of your disclosure documents and later on, if you haven’t submitted your judgment.
They’ll start sending out notices saying you need to appear, otherwise your case will be dismissed. You need to pay attention to those notices you get from the court and all counties are different. Even each court within the counties are different, so make sure you pay attention to those notices and see if it is asking you to make an appearance.
It will say you must appear or it may say you do not need to appear depending on the type of hearing that is there. Just make sure your case is moving forward. Make sure you read the notices. You don’t want your case to be dismissed because if it does get dismissed, you obviously have to file a brand new case and pay all the court fees again and your clock starts on the 6 months again if you start a brand new case.
Tim Blankenship, divorce661.com. Hope you’re having a great day. Thanks so much for watching. Talk to you soon.
