How can I get the court to issue judgement that finalizes the divorce? 5 Answers as of July 28, 2011

Last December we finally had a trial on our divorce proceedings and the Commissioner decided all of the issues in our divorce (spousal support, 401k, etc). My ex's attorney was told to draft up the judgeship for signature. My ex fired her attorney prior to signing the judgment and won't sign one now. It is 8 months later and I'm still not divorced. This process has been going on for about 4 years. How do I end it? How do I get the court to issue a judgment that states we are divorced?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Youwould best retain an experienced Family Law Attorney to complete the case for you. If you can't afford to retain an attorney, you should at least consult with an attorney. I can't determine from your question whether or not your ex's attorney drafted a Judgment, and if so, whether the Judgment accurately set forth the Court's decisions on all of the issues. If your ex's former attorney did not draft a Judgment, you or your attorney will need to draft a Judgment, likely needing a transcript of the Commissioner's oral pronouncements at trial, or at least the Minute Order of the trial - if it set forth those oral pronouncments, to ensure that the Judgment is accurate. The Judgment will then need to be served on your ex by mail, and if it hasn't been signed and returned toyour attorney within 10 days (allow an additional 5 days for mailing), your attorney will need to present the Judgment to the Court with a Declaration reflecting that the Judgment was provided to your ex, and that your ex has not signed and returned that Judgment to your attorney.
Answer Applies to: California
Replied: 7/28/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If the attorney for your former spouse did not prepare and file the Judgment, you are within your rights to prepare and file a Judgment yourself. You should contact a family law attorney to assist you in the preparation of your final judgment documents. If there was a trial on the issues, you may need to order the court transcripts so that your new attorney may prepare an accurate judgment. If your spouse will not sign the judgment, you would be able to ask that the court sign the judgment based on the orders from trial.
Answer Applies to: California
Replied: 7/27/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can draft the judgment yourself (according to the orders issued by the judge), and then submit it to your ex-spouse for signature, along with a letter documenting what you're doing (i.e., requesting your ex's signature and that the document be returned to you so you can submit it to the court). If your spouse refuses to sign or fails to reply to your proposed judgment, then 15 days (some counties have a different time period) after you send the proposed judgment to your ex, submit such judgment to the court with a copy of the letter you sent to your ex demonstrating that you tried to get his/her signature, but they failed to comply. It would help if you can get your hands on the trail transcript to confirm the terms you draft in your proposed judgment, and if so, submit such transcript pages to the court along with your proposed judgment. Finally, if part of the judgment was the result of agreements reached on the record at trial, then you can proceed by filing what is called a 664.6 motion, per California Code of Civil Procedure 664.6. Do a Google search of that code section. It would be best to hire a local family law lawyer for assistance.
Answer Applies to: California
Replied: 7/27/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You need to prepare it and ask her to sign off on it. If she doesn't, you can submit to court for the court's signature.
Answer Applies to: California
Replied: 7/26/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Submit your own judgment and send it to your ex with a Proof of Service by Mail. Wait 10 days, if the ex doesn't sign it, submit it to the court with the proof of service and letter to the judge explaining your efforts to get the signature.
Answer Applies to: California
Replied: 7/26/2011
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