What is my next step and does my original divorce paperwork expire? 2 Answers as of October 06, 2017

I filed for divorce on December 2015. My husband and I still have not agreed on a MSA. Also, he refuses to sign the MSA.

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Attorney at Law | Marco Acosta
Original paperwork does not expire unless the court sets your case for a hearing to decide if the case should be dismissed for lack of prosecution, I.e., following through with the necessary steps to resolve the case. Many of the divorce cases (depending on the county) just stay inactive for years. Next step is to complete the paperwork and forms and submit these to court and requests a default judgment of divorce. Generally, the judge will simply divide community property (if any) including any community debts equally between the spouses, and grant the divorce. The judge could also order the child and/or spousal support if applicable, as well as orders regarding child custody. It's much better to encourage the husband to sign MSA.
Answer Applies to: California
Replied: 10/6/2017
Peyton and Associates | Barbara Peyton
make sure all disclosure documents are filed then file a memo to set the case for trial. The court will then set your case for a mandatory settlement conference and trial. Lawyers at the court will help with the mandatory settlement conference.
Answer Applies to: California
Replied: 10/5/2017
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