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why is my wife not coming forward to settle the divorce?

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tiruvpm

Junior Member
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.
 
Last edited:


Zigner

Senior Member, Non-Attorney
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 complete stuck and don't know what to do. Please give me you opinion.
1) There's no way we could guess why she/her lawyer is doing anything, or whether there is any advantage, perceived or otherwise.
2) Ask your attorney.
3) Ask your attorney.
4) Ask your attorney (x2)
 

tiruvpm

Junior Member
how would you advice your client if he/she is in this situation

Hello,

Thank you so much for your reply. Let me ask you differently. what would you advice to your client? How would you handle this kind of situation to your client where other person is not showing any interest to complete the process? Please educate me.

Thanks
 

Zigner

Senior Member, Non-Attorney
Hello,

Thank you so much for your reply. Let me ask you differently. what would you advice to your client? How would you handle this kind of situation to your client where other person is not showing any interest to complete the process? Please educate me.

Thanks
Ask YOUR attorney.
 

adjusterjack

Senior Member
Hello,

What would you advice to your client? How would you handle this kind of situation to your client where other person is not showing any interest to complete the process? Please educate me.
Default is not just in your stars, it's available through the court.

http://www.courts.ca.gov/1233.htm

Now go talk to your lawyer about a default divorce.
 

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