How can I move my dissolution of marriage along in California? 7 Answers as of February 11, 2011

I filed for divorce in February of 2008. At the time, I had to file for a fee waiver. My wife responded but also filed for a fee waiver. The fee waivers were granted in part that a judgment will not be entered until both parties pay the fee. Shortly afterward, I paid my filing fee, however, my wife has not to this day. I've asked her about this but she is adamant about not paying. I would really like to get my divorced finalized. I'm only requesting entry on the status of the marriage because she is collecting child support and we have a verbal agreement on child custody that both of us enjoy. What can I do to get a judgment terminating my marriage when I can't do so because she won't pay the filing fee?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
File the paperwork to set the matter for trial and bring the issue before the judge.
Answer Applies to: California
Replied: 2/3/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You have two choices: pay her share of the filing fee yourself, or file a motion to have her response set aside and a default judgment entered. I would be happy to help you finalize your divorce. Please contact me for a free consultation.
Answer Applies to: California
Replied: 2/3/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Prepare a Stipulated Judgment and all the documents needed to file it [including the Notice of Entry of Judgment, the Appearance, Stipulations and Waivers form, the Declaration re Default or Uncontested Dissolution], you and your wife sign the Stipulated Judgment and other respective documents as required, and YOU pay her filing fee - if that is all that is needed to get the divorce.
Answer Applies to: California
Replied: 2/2/2011
Saddleback Law Center
Saddleback Law Center | Paris Kalor
Can she afford to pay the fee? If so, then you have to ask the court to order her to pay.
Answer Applies to: California
Replied: 2/2/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
If the filing fee waiver was granted and she was ordered to pay the fee prior to a judgment being entered you have two choices. The first is to pay her filing fee for her or the alternative is file a motion with the court requesting that you proceed even if she has not paid the filing fee. Look closely at the wording of the court order. It might not prevent you from filing the necessary paperwork and/or asking for a court date to proceed with terminating the status of the marriage.
Answer Applies to: California
Replied: 2/2/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If she has not filed a "Response" with the court, then you can finalize your case by taking her default. If she has filed a "Response," then you need to set the matter for a hearing and ask the judge for a dissolution judgment. It would be best for you to call a local family law lawyer to discuss the details of either process.
    Answer Applies to: California
    Replied: 2/2/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    How about you pay her filing fee? It is cheaper than hiring and attorney.
    Answer Applies to: California
    Replied: 2/2/2011
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