Q: How do I get my divorced finalized?
I can't remember when I filed because it was some 20 years ago. Both parties signed no property or children.
A:
It is highly likely if you began the process 20 years ago but did not complete the process, your case was dismissed for want of prosecution.
First, you should check the case records from that case 20 years ago to see what happened. While it should have been DWOPed and likely was DWOPed, in rare cases, it slips through the cracks and you theoretically could have a 20 year old pending divorce case.
Second, if the old case was DWOPed, you will need to file a new divorce case in order to get divorced.
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A:
If you can't remember when you filed for divorce, you may need to obtain a copy of your divorce paperwork to find out the status of your case.
To do this, you can contact the county clerk's office in the county where you filed for divorce and request a copy of the divorce decree. You may need to provide some basic information such as your name, your ex-spouse's name, and the date of the divorce, if known.
Once you have a copy of the decree, you can determine whether your divorce was finalized and if there are any outstanding issues that need to be addressed. If the divorce was never finalized, you may need to take steps to do so now, which may include filing a motion to dismiss the case or reopening it, depending on the circumstances.
To begin the divorce finalization process, you will typically need to file a motion for entry of a final judgment with the court. This is a legal document that requests the court to issue a final judgment in your divorce case.
The specific forms you need to file may vary depending on the court and your specific situation, but you will typically need to file a Request for Judgment, which may also be called a Judgment of Dissolution or a Final Judgment of Divorce. You will need to fill out the appropriate forms, file them with the court, and provide a copy to your spouse.
In addition to the motion and judgment forms, you may also need to file other documents, such as a property settlement agreement, if you and your spouse have resolved any property or support issues, or a child custody and visitation agreement, if you have children.
It's important to note that the exact process for finalizing a divorce can vary depending on the specific circumstances of your case, so it may be helpful to consult with a family law attorney who can advise you on the best course of action.
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