my divorce was granted but lawyer never filed them what do i do

Send your lawyer a letter setting forth the facts and demanding that the divorce documents be filed immediately. Send and show a cc to the State Bar. That will move him quicker than anything.

Full Answer

What if my spouse has a divorce lawyer and I don't?

What if My Spouse Has a Divorce Lawyer and I Don't? Divorce is scary enough without your spouse’s lawyer intimidating you in court. Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

Do I have to file for divorce before the judge signs?

Not true. The judge must sign an order called a Final Decree of Divorce. Until the Final Decree is signed and filed with the clerk, you are not divorced.

What happens after the judge grants my divorce?

WHAT HAPPENS AFTER THE JUDGE GRANTS MY DIVORCE? WHAT HAPPENS AFTER THE JUDGE GRANTS MY DIVORCE? You have been to court, had your hearing and the judge has granted the divorce. Now what? Most people believe that once the judge rules and bangs the gavel, the case is over. Not true. The judge must sign an order called a Final Decree of Divorce.

Can I represent myself in a divorce without a lawyer?

Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

How do I enforce a divorce decree in Texas?

You may request enforcement of the decree by filing a suit to enforce, asking the judge to enforce the property division in your divorce decree. An order of enforcement does not amend, modify, or alter the original property division. An enforcement will only specify how the property is to be divided.

How do I file a response to a divorce in California?

How to respond to a divorce PetitionFill out the Response form. Fill out the form called Response — Marriage/Domestic Partnership (form FL-120). ... Figure out if you need the court to decide something right away. ... Find out if you have any local forms to complete. ... Make copies of your forms.

How do I know if my divorce is final in California?

The court will give you a proof of written judgement that lets you know that your divorce is final. You can request a copy of this judgement from the court in your jurisdiction – contact the courthouse or visit its website to see what its specific procedures are.

What happens if you don't respond to divorce papers in California?

If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.

What happens if spouse doesn't respond to divorce petition?

When a spouse doesn't respond to a divorce petition, the court can proceed with a divorce without his or her response. Typically, the person who filed for divorce will need to submit additional paperwork to the court including a request for a default divorce.

How Long Can a divorce be put on hold in California?

California, like many states, has a waiting period for getting divorced. Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.”

What happens after judge signs divorce decree?

Once the Judge grants your divorce you are for all practical purposes divorced from that moment on divorced. Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree.

How long does a divorce case stay open in California?

At the maximum, a single divorce case can take 5 years, because the petition expires after 5 years. If you have not gotten the divorce finalized within the 5-year period, you will actually need to start over and file for divorce again.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Do divorces take time?

Couples with more complicated assets and custody issues usually have longer and more expensive divorces. Some aspects of a divorce simply take time. For example, in many states there’s a mandatory waiting period in a contested divorce.

Can a divorce petition be filed in your favor?

However, your spouse’s failure to file a response to the divorce petition can actually work in your favor. After you’ve served your spouse with a divorce complaint and the response deadline has passed, you can seek a default judgment. In a default judgment, a judge can grant you exactly what you requested in the divorce petition.

What does the judge do in a divorce?

In contested divorces where the court must hear evidence and rule on one or more issues, the judge will often prepare the Final Decree and mail it to the attorneys. Sometimes, the judge will hear the evidence, announce the ruling after the trial, and then require the attorneys to type the order setting forth what the judge ruled.

How long after divorce can I get married?

If you attempt to get remarried during the thirty day period, you might find yourself married to two people. That would not be good. It is better to wait until after thirty days have passed and the divorce has become final before tying the knot again.

What happens if the judge rules and bangs the gavel?

Now what? Most people believe that once the judge rules and bangs the gavel, the case is over. Not true. The judge must sign an order called a Final Decree of Divorce. Until the Final Decree is signed and filed with the clerk, you are not divorced. One more thing.

How long does it take to re-draft a final decree?

This can take anywhere from several days to several weeks or longer, depending upon the attorneys’ schedules and the court’s calendar.

Who is responsible for preparing the final decree of divorce?

It is the responsibility of the lawyers to type up the Final Decree of Divorce and present it to the judge to be signed. Often, when the divorce is uncontested, the attorneys will prepare the Final Decree and have it ready before the case is presented to the judge.

Can an attorney forget to sign a final decree?

Occasionally, an attorney will forget about the need to type the order and return it to the judge for signature. In fact, there are documented cases where an attorney forgot about typing the Final Decree and the client, thinking they were divorced, got remarried only to find out years later they were never divorced.