Bear, DE asked in Divorce for California

Q: She filed for divorce in 2006 and we still are not divorced and have not settled the property. What do I need to file?

Went to court once and never finalized divorce or settled property. She refuses to sell the house and now I have kids in college and need the house sold. Just want a divorce and the property settled.

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on whether your case is still active. Cases are supposed to automatically expire after 5 years of inactivity, but I have seen some cases stay open for longer. It depends on the courthouse, I think. It is probably easier for you if the 2006 case expired because you could file a new case as the petitioning spouse. That way, you can control what happens when instead of relying on her since she appears to be dragging her feet.

Andy

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