Does an unfinalized divorce ever expire in California

[Wildflower]

What is the name of your state (only U.S. law)? California

Does an unfinalized divorce ever expire in California if the final paperwork was never filed?

The divorce went through all the steps up to the point of filing the final paperwork. Now it's almost 5 years and a couple of failed reconciliations later and the parties haven't lived together for some time. Can the final paperwork still be filed or does the divorce need to be started over from the beginning?

Also, what is the legal status of both parties at this point? If one party is incapacitated or dies, what are the rights of the other party regarding next of kin status, medical decisions, and responsibility for the other person's debts incurred since the original divorce action was started? There are minor children from this marriage living with one party with the other paying child support for them.

Thanks for your help

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Does an unfinalized divorce ever expire in California if the final paperwork was never filed?

The divorce went through all the steps up to the point of filing the final paperwork. Now it's almost 5 years and a couple of failed reconciliations later and the parties haven't lived together for some time. Can the final paperwork still be filed or does the divorce need to be started over from the beginning?

Also, what is the legal status of both parties at this point? If one party is incapacitated or dies, what are the rights of the other party regarding next of kin status, medical decisions, and responsibility for the other person's debts incurred since the original divorce action was started? There are minor children from this marriage living with one party with the other paying child support for them.

Thanks for your help

Eventually the case gets administratively dismissed for lack of action, therefore yes, you have to start over.

And at this point, you are still married, and everything that applies to married people, applies to you.

 

[CourtClerk]

Actually, the case may still be there and you may still be able to finalize the divorce. We rarely just dismiss family law cases, it's probably somewhere in the archives. Call the courthouse, or look online and see what the status of the case is. If you're lucky, it's sitting in the basement of the courthouse for you to work on again.

Oh yeah, and you're still married.