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No clue what to do next

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amc22

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

My husband and I have been separated for 5 years. The process has been frustrating to say the least. As of May of last year I no longer have legal representation as I can no longer afford it. My husband has been unresponsive to me and his own attorney. I have tried contacting his attorney as well to see if there was anything I can do to work with him to finalize things. But that was unsuccessful. After doing some research and making some phone calls I figured out what papers I needed to file with the court to move things along including a request for a status conference. I filed this request in May. It is now August and I still have not heard a word from the court about this. I am really at a loss as to what I need to do next, or if there is anything I even can do. I can not afford to hire an attorney so I am trying my best to do this on my own. I just want my divorce finalized already!
 


You should be able to go online in most counties and see the status of the case.

You should:

Make sure that your previous attorney filed a notice of withdrawal and substituting you in as a Pro Per.

Send a notice to your spouse's attorney that you are representing yourself and wish to proceed with the dissolution.

Read the local Rules of Court for your county or where the dissolution was filed. Read the Rules of Court for California. Get real familiar with them if you are going to represent yourself. Might want to get a book on how to write a motion. And practice.

File for a mediation of any unresolved issues and do not sign anything until you check to make sure any agreement follows the law.

You do not say if there are children or marital property to divide. I suggest you research these topics if you do need to resolve them.

As a Pro Per you may get the runaround from the other side's attorney. However they are supposed to treat you as if you are a lawyer and return your phone calls and letters in a timely fashion. A timely fashion does not mean in a few minutes or even hours. Might be a couple of days.

And remember no one can give you legal advice unless they are an attorney, licensed by the California State Bar.
 

amc22

Junior Member
I called the courthouse today. To be honest it never occurred to me to try that. I feel dumb. Anyway, the clerk I spoke to said they show no record of a request for a status conference being filed. I know about checking the status of your case online, I have been checking it on a daily basis for months to see if it was updated with a court date. I am glad I called the courthouse so thank you for that piece of advice. She said they never processed the request because they have no record ever receiving it, which is bull, but whatever. She told me to just file a new request, which I plan to do tomorrow.
 

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