Legal Corner

Re:Question about divorce
super9 39 Reviews 9245 reads
posted

That's what I figured too but she said neither of them has received any paperwork.

My cousin is getting a divorce (in California) and they both decided to go with a summary divorce (I think that's what it's called) because they had no kids or any real assets. They did the paper work themselves and files the papers down at the court. Now they have to wait 6 months and then file another piece of paper to make it official. How will they know that the paperwork they already filed has been approved or that it's in the system and not lost somewhere's so that when they go to file the final papers after 6 months there won't be any delays?

They also had to be married less than 5 years and not neither of them own any real property, either as single or marreid persons.

The best way is to go to the courthouse and ask to look at their file.  If it's there, it's there.  Can it be lost later?  Sure.

She said that when they filed the paperwork at the courthouse they waited in a long line and then went to a window and handed it all over. They received a receipt with a file number. Are you saying she should go to the same location and ask to look at the file? Or can she call someone at the court or check online?

I don't care what anybody says about do-it-yourself divorce kits.  With MAYBE the exception of small claims court, any time you deal with the courts you should have an attorney there.  Period.

Yes, it costs you money, but they guide you through all the paperwork and court processes and usually, in the long run, save you money.

Don't be silly.  Summary dissolution is simple: no lawyer needed or allowed/  And I'm a divorce lawyer among other things.

How nice.  I have seen too many "simple" divorces, where the couples decided to use a do-it-yourself kit, end up getting nasty when one or the other decided to back out, or where they just didn't know the court system.  Having a lawyer walk you through the process is still the best bet - and this comes from many frieds - some divorced, some lawyers, some married, some not lawyers.

So, my advice is always:  Court = Lawyer.

A Horney One8486 reads

Read your post and the multiple responses.

If your cousin submitted the right paperwork, they usually sign the Orders, then mail copies to the parties involved, with a date the divorce becomes effective.

At least that is what I have seen, here.  I am not an attorney, nor have legal experience.  Just an observation.

Good Luck

That's what I figured too but she said neither of them has received any paperwork.

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