Timeline for default divorce in CA...nothing is happening!

[Silverplum]

Um, no. Maybe you didn't read my post thoroughly. I don't think you understood the question. Or maybe with the sheer volume of eye rolling you do on any given day here, maybe your vision is a little impaired? If you're ever in NorCal I can recommend a good optometrist!

Hysterical.

I can read just fine. Helpfully bolded, because you don't remember your own questions:

BUMPING for further questions pertaining to this:

I filed and my ex was served on December 10. We are filing a default divorce and he has not responded to anything for that reason. We agree on everything, there is no property to split, we do have kids but we have had a custody hearing just to formalize our agreement and get it ordered.

I submitted all the final paperwork for the judge to sign off on in February. Because of budget issues, they said to expect it to take 10 to 12 weeks to get to the judge. I went into the courthouse to check the file at 10 weeks and nothing was done yet and the clerk casually mentioned "you can't really do anything....unless you want to request a hearing".

In doing the math, I should actually be divorced by now, but the paperwork is sitting.

So my question is:
instead of just waiting on the paperwork, when the clerk mentioned I could request a hearing, does that refer to I could request a hearing to see the judge face to face and have the paperwork finished as opposed to waiting it out and NOT showing up? Would there be any legal difference/requirements if I asked for the hearing? If I were to go in and ask for this specific type of hearing, is the court required to give me a court date within XXXX number or days or is that just a "we get to it when we get to it" issue?

From what I can tell, it looks like it would cost me more money but everything would be otherwise the same and I could possibly get my divorce finalized faster?

Thanks.

You have funny ideas of what is "required" by the courts. Especially under this president, in this economy. I've already explained to you why the delays, but you're still at it. Complaining about not being complete at 10 weeks, when you were told 10-12 weeks by the court, and longer by us/me.

Special for you:

 

[stellas]

Hysterical.

I can read just fine. Helpfully bolded, because you don't remember your own questions:


You have funny ideas of what is "required" by the courts. Especially under this president, in this economy. I've already explained to you why the delays, but you're still at it. Complaining about not being complete at 10 weeks, when you were told 10-12 weeks by the court, and longer by us/me.

Special for you:

Yeah. You don't understand the question.

English note: generally questions have question marks after them. Maybe that's where you're going wrong....???? Is English not your first language? Sorry about that if that's the case.

 

[Zigner]

You've asked several questions in this thread. What question do you think has NOT been answered?

 

[tranquility]

I get that, that wasn't what I was asking. I'm past the waiting period but I'm obviously still married. I get it.

The judge needs to sign off. The judge does it on his own time in a period longer than 6 months. You can't force the judge to do anything. You can ask for a hearing. If you look up the local rules for the court you are in, you can see if there is a time when the hearing will be held. At the hearing the judge MAY decide to decide and file the judgment. He may not.

No, there is nothing you can legally do that forces the judge to act. All you can do is hope to persuade him to act. Judges love to do equity. Ask for your hearing and bring in a reason why you need the divorce. Maybe that will motivate him.

 

[stellas]

The judge needs to sign off. The judge does it on his own time in a period longer than 6 months. You can't force the judge to do anything. You can ask for a hearing. If you look up the local rules for the court you are in, you can see if there is a time when the hearing will be held. At the hearing the judge MAY decide to decide and file the judgment. He may not.

No, there is nothing you can legally do that forces the judge to act. All you can do is hope to persuade him to act. Judges love to do equity. Ask for your hearing and bring in a reason why you need the divorce. Maybe that will motivate him.

I get that first part.

I only ask because of my limited experience with family court I know that, for example, if I went in and requested an ex parte hearing (and yes, I know that's not necessarily related to divorce, I'm just giving an example) that the court has to hear it within something like 3 days. And I know that has to do with the law surrounding that type of hearing. I'm not in any way demanding the judge do anything. Just wondering if there are any rules around it. I looked at my court rules but they only pertain to what I have to do.

The clerk mentioned it like "there's nothing you can do but wait....unless you want to ask for a hearing". The implication being that would somehow make something happen. He could be talking out of his booty, though...that's why I was asking.

Maybe it's a local thing that I will only figure out by taking yet another day off work and standing in line for hours. Oh fun.

 

[tranquility]

I get that first part.

I only ask because of my limited experience with family court I know that, for example, if I went in and requested an ex parte hearing (and yes, I know that's not necessarily related to divorce, I'm just giving an example) that the court has to hear it within something like 3 days. And I know that has to do with the law surrounding that type of hearing. I'm not in any way demanding the judge do anything. Just wondering if there are any rules around it. I looked at my court rules but they only pertain to what I have to do.

The clerk mentioned it like "there's nothing you can do but wait....unless you want to ask for a hearing". The implication being that would somehow make something happen. He could be talking out of his booty, though...that's why I was asking.

Maybe it's a local thing that I will only figure out by taking yet another day off work and standing in line for hours. Oh fun.

Many California courts have the local rules online. For example:
http://www.sanmateocourt.org/documents/local_rules/section5_localrules.pdf

B. Initial Calendaring: All motions and Orders to Show Cause shall be initially set on the law and
motion calendar of the assigned family law department. The initial hearing date shall be assigned by the
clerk’s office at the time the matter is filed. Approximate setting dates are available on the updated clerk’s
office hotline at (650)599-1180 and may be requested on a messenger slip or other memorandum
addressed to the clerk.

Rule 5.10 Preparation of Orders After Hearing and Judgments
[Pending this Court's review of and action on this Local Rule, please refer to California Rules of
Court, Rule 5.125 effective on January 1, 2013.]
A. Unless otherwise ordered by the court, counsel for the moving party shall prepare a formal order or
judgment. The order or judgment shall be prepared within ten (10) calendar days of the hearing, unless a
transcript has been ordered within five (5) days of the hearing and paid for in a timely manner, in which
case the order shall be prepared within seven (7) calendar days of receipt of the transcript. The order or
judgment shall be prepared so that at least two lines of text appear on the page upon which the judge’s
signature is affixed. No text may appear after the judge’s signature.
B. The party preparing the order or judgment shall send it to the opposing side for approval as to form
and content unless the court authorizes the preparer to submit it directly to the court. The recipient shall
have ten (10) calendar days from the date of mailing to review the order and, either sign it as prepared, or
notify the proponent in writing of objections to its content. If the parties cannot agree on the language of
the order, then, within 45 days, of the hearing or trial either party may submit the proposed order with a
copy of the transcript of the recited order and any written objections by the other party to the judicial
officer who made the ruling.
C. If the responding party fails to timely approve or object to the order or the judgment, the party who
prepared the order shall send a second letter stating that he or she will submit the order or judgment
drafted to the court for signature, if no written response to the order is received with five (5) calendar days
of the date of the letter. If there is no written response to the second letter, the party preparing the order
may transmit the proposed order to the Court for signature by the assigned judicial officer with a
declaration explaining the circumstances and with copies of both communications attached.
( Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.14) and amended, effective January 1, 2004)

 

[Zigner]

I am still trying to figure out which question is the OP's REAL question.

OP has asked if it CAN happen, WHY it happened, WHY the clerk said something and I'm sure she's asking other things too. What is the real question?

 

[single317dad]

I am still trying to figure out which question is the OP's REAL question.

OP has asked if it CAN happen, WHY it happened, WHY the clerk said something and I'm sure she's asking other things too. What is the real question?

"Why isn't it as quick and easy to get divorced as it was to get married?"

 

[tranquility]

"Why isn't it as quick and easy to get divorced as it was to get married?"

Because, the opposite of love is not hate, but indifference. Indifference can take a while.

 

[sissiz916]

How long did it take.

Hi i'm wondering how long it took them to sign off on your divorce? Also, Did you do the ppwk correct or did the return it to you?

Curious I'm in the same situation.

Thanks

 

[stellas]

Hi i'm wondering how long it took them to sign off on your divorce? Also, Did you do the ppwk correct or did the return it to you?

Curious I'm in the same situation.

Thanks

Late in replying to this, but I'll throw an answer on in case in helps someone else:

I sought the help of the county supervisor in charge of the staff at the court house and it turned out they LOST my paperwork. If I sat around and just waited I would never have been divorced! Once I brought it to their attention and they figured that out, I was able to get my new paperwork expedited and I got it done in about 2 weeks. Over all, though, it took about four months.

My personal advice in CA would be that if the time frame for hearing from the court goes beyond the rough estimate the clerks give, escalate the issue a level or two with the staff to find out where exactly your paperwork is. If it wouldn't have been lost, it would have taken 2-3 months.