My ex-husband won't finish filing divorce paperwork. How should i proceed? I've requested a court hearing to see if I can get my divorce finalized without my ex finishing his side, but is there another way? I know that I can't file contested because he has responded, but is there another way that I can get this done without him? I really need help and not a round about answer. Thank you.
Answer
You are correct in getting a court hearing to check up on the status of your case. If your husband won't finalize the papers because he doesn't agree them your only option is to go forward on a contested basis for a trial. Sometimes people think that the other party is in agreement when they are actually not in agreement. You should probably consult with a local attorney to see what stage you are in, and to see how to get orders on a contested basis.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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