California.
I got married in 2005. Due to compatibility issues and we started living separately since 2009. She lives in India currently with my son who was born in 2007. She is currently working in India. I have filed for divorce in 2014 in California state. Around dec 2015, she got served notice from California count in India and she responded to the California court by saying she is also willing to get divorce thru some local lawyer. She filed the response in Jan 2016. Her lawyer never filed any motion after the initial response. Her lawyer reached my lawyer 6 months back saying they would like to go for one time settlement without any hearing thru court. My lawyer asked for a proposal but her lawyer never followed up with my lawyer. Again, her lawyer reached my lawyer 3 weeks back with the same request and my lawyer responded but they shops communicating again. My lawyer does not want to push the case from my side but he wants me to wait till they come forward first with a proposal.
Question: 1) Why is she/her lawyer not coming forward to settle the divorce? Any advantage for them to delay the case?
2) What should I do, if she does not come forward at all for next 1 or 2 years?
3) Is there a max time limit for court to close the case if she never comes forward to settle the divorce?
4) What options do I have? Should my lawyer initiate the dialog?
I am completely stuck and don't know what to do. Please give me your opinion. Thank you.
I got married in 2005. Due to compatibility issues and we started living separately since 2009. She lives in India currently with my son who was born in 2007. She is currently working in India. I have filed for divorce in 2014 in California state. Around dec 2015, she got served notice from California count in India and she responded to the California court by saying she is also willing to get divorce thru some local lawyer. She filed the response in Jan 2016. Her lawyer never filed any motion after the initial response. Her lawyer reached my lawyer 6 months back saying they would like to go for one time settlement without any hearing thru court. My lawyer asked for a proposal but her lawyer never followed up with my lawyer. Again, her lawyer reached my lawyer 3 weeks back with the same request and my lawyer responded but they shops communicating again. My lawyer does not want to push the case from my side but he wants me to wait till they come forward first with a proposal.
Question: 1) Why is she/her lawyer not coming forward to settle the divorce? Any advantage for them to delay the case?
2) What should I do, if she does not come forward at all for next 1 or 2 years?
3) Is there a max time limit for court to close the case if she never comes forward to settle the divorce?
4) What options do I have? Should my lawyer initiate the dialog?
I am completely stuck and don't know what to do. Please give me your opinion. Thank you.
Last edited: