Below you will find answers to other questions that further explain what to expect. Amanda's Question : My ex and I separated 8 years ago.
What Does Entry of Judgment in a Divorce in California Mean? | LegalZoom Legal Info
We started the divorce process, but recently I found out it was never finalized. Does the divorce eventually become final after a certain amount of time? Brette's Answer : Not unless there is a judgment of divorce issued, which does not happen unless the parties move it along to that stage. Your case has likely been dismissed for inaction and you will need to re-file. Amanda's Question : My friend just went through a year-long divorce. We were waiting for the judge to sign papers and get them to her attorney so we could take care of all the important things like her pension and accounts that was going to be the middle of the month.
However she fell ill and passed last week. Her ex-husband is now attempting to vacate us and take vehicles when they were awarded to her in the judgment. How can I be sure the divorce is finalized? Brette's Answer : It's a matter of public record so check with the courthouse. Whoever her heirs are should be in contact with her attorney to find out the status as well.
Post Judgment/Post Divorce Litigation
Stacy's Question : Is a divorce decree not considered fully executed unless all terms have been met? For example, division of assets has not yet been completed as stipulated in my MSA. I have filed a motion for clarification and enforcement. Will this need to be completed for my ex-spouse to proceed with his planned wedding?
How Will You Divide Your Assets & Debts in a Divorce?
Brette's Answer : No. The terms of the decree are enforceable though so if they have not been met you can file for violation and enforcement of the order. Madge's Question : If I filed for a divorce and have all the other papers, but did not file the divorce decree, am I still married or divorced? Brette's Answer : You are still legally married. Divorces are not final until the decree is signed and entered by the court. Rebecca's Question : My husband and I were ordered to do parenting classes by Jan 4th.
He didn't complete his. We also went through a mediator to separate property. I did get papers from the mediator about the divorce being finished as of October, but then also got papers from the court stating it won't be final until the classes are completed. Are we still married? Brette's Answer : You're not divorced until you have your divorce decree from the court. Penny's Question : My final divorce decree stated that all child support would cease in October of last year. My attorney said "I've never seen anything like this before. I haven't read this divorce decree and didn't write it".
Who DOES write them, if not the attorneys involved? Brette's Answer : Usually the language is prepared by the attorneys in the case and approved by the court. Sometimes the court will prepare it. Donna's Question : Is the date of entry of the final decree when the judge signed the decree or when the decree was filed into the courts? Brette : You should consult with your attorney or call the court clerk to get a clear answer on how your state interprets this.
Generally, entry means filing, but you do need to check to be sure. Denise's Question : I filed for a Summary Dissolution, and filed the final judgment six months later. Which date is the official divorce date, the date that I filed or the date that the court entered the judgment? Brette's Answer : In most cases, the date of dissolution is the date of the final judgment entered by the court. However, a court can indicate a different date in the judgment if it chooses. Is this still a legal document? Brette's Answer : Yes it is. There is a record of the date it is entered by the court clerk if there is any question about the date.
Brette's Answer : It could take up to a month to get it in the mail depending on where you live and what the court delays are like in your area. Heather's Question : Who is responsible for providing you with the final divorce papers? It was my understanding that the lawyer will give you copies of the signed and finalized divorce paperwork when everything is finished. Brette's Answer : Documents that are signed by the court are sent out by the court, but if you are represented by an attorney, your copy goes to the attorney. However, you are entitled to a copy of anything you signed.
Is this something that's usually sent to the divorcees after the divorce or do I have to pick it up from the court myself? Brette's Answer: You should receive a copy of your judgment from the court, which will either attach the settlement or restate everything that is in it.
Danielle's Question : My ex won't give me a copy of the divorce decree. How do I go about getting a copy of my divorce decree? Brette's Answer : A copy of the decree is supposed to be served on you. Look through your files for information such as the summons, a petition, some piece of paper that will give the case number. If you can't locate this information, it would be in the county the divorce was filed.
Divorce files can be searched for by names, so you should ask for that when you contact the county courthouse. Joy's Question : My husband left me over a year ago without informing me of his new address.
Part 3: The Divorce Process
I recently heard that he divorced me. How is that legal without my signature and how I can get a copy of the divorce papers? After significant litigation, the case reached the Washington Supreme Court for review. On review, the Court held that the Japanese divorce was a valid foreign judgment that satisfied the comity requirement. The Court further held that the guardianship proceeding, held approximately two years after the divorce was finalized, had no effect upon the application of comity principles to the matter.
In responding to the caller referenced above, the first step is to analyze whether the German divorce meets the standards of comity as outlined in Toland. In the example above, both parties had attorneys and participated in the German litigation. Maintenance, child-related matters and property division are different. The prudent practitioner would thus analyze the terms of the divorce and the law of the issuing country prior to making a comity analysis for enforcement in Washington.
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