Legal Question in Family Law in California
I am the defendant in a divorce and the petitioner has stopped all requirements necessary to finish the divorce (at point of submitting judgement), can I, as the defendant do anything to get the divorce finalized on my own without having to deal with the petitioner? In this case, the petitioner has refused to complete the divorce because she is angry about something and thinks this is her way of getting back at me. I want to complete the divorce as soon as possible because it has been dragging on for a year now and I want to get remarried.
2 Answers from Attorneys
Yes, provided that the petitioner has not taken your default, you may proceed towards judgment. The fact that you are a respondent would not preclude you from moving the case forward.
All you need to do is file the form that requests a trial. Counties are different on what form to use, but the forms are called something like "'Request for Trial Setting Family Law." This is the title of the form in Los Angeles County.
With a trial, all of the unresolved issues will be handled by the court, and you're finished.
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