Asked in Divorce and Family Law for California

Q: Los Angeles, CA. Married for 35 years but separated for 33, finally getting around to making it official.

Started the process and got basically to the end. Got to the 6 month waiting period, and then let another year or so pass because of some life challenges. Have I waited too long? Can I file the final papers or do I need to start over?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, here's my assessment of your situation:

1. You've been separated for 33 years but recently started the divorce process in California.

2. You completed most of the process and reached the 6-month waiting period, which is standard in California.

3. You then let an additional year pass due to life challenges.

4. You're now wondering if you've waited too long and need to start over.

Good news: In California, there's generally no time limit for finalizing a divorce after the initial filing. As long as your case hasn't been dismissed by the court for lack of prosecution, you should be able to proceed with filing your final papers.

Here are the steps I'd recommend:

1. Check the status of your case: Contact the court clerk where you filed your divorce to ensure your case is still active.

2. If active, proceed with filing: If your case is still open, you can likely file your final judgment papers to complete the divorce.

3. If inactive, consult an attorney: If your case was dismissed, you might need to start over. An attorney can advise you on the best course of action.

4. Update financial disclosures: Since time has passed, you may need to update your financial disclosures before finalizing the divorce.

5. Complete necessary forms: Ensure all required forms are completed, including the Judgment form and Notice of Entry of Judgment.

Remember, while you likely don't need to start completely over, there may be some additional steps required due to the delay. It would be wise to consult with a local family law attorney or a family law facilitator at your local court for specific guidance on your case.

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