Legal Question in Family Law in California

Re: How long divorce papers are affective after waiting period

If neither of you want to finalize the divorce, just file a dismissal of the case. If either of you wants to divorce later on, then, you'll have to re-file. Mind you, the court will sooner or later dismiss the case on it's own if there is no action by the parties. Good luck and thanks for inquiring.

Re: How long divorce papers are affective after waiting period

It does not become final until a judgment is issued at trial, or a final settlement and consent decree is issued on motion of the parties. At some point the court may calendar a trial, but I don't believe it ever just dies due to time passing. But, all the two of you need to do if you don't want to get divorced anymore is file a simple notice of voluntary dismissal of the action.

Re: How long divorce papers are affective after waiting period

5 years after the petition was filed the court, depending on the county, will dismiss the case. Even if the court does not on its own motion file a dismissal it mey refuse to issue a judgement disolving the marriage after 5 years from the date the petition was filed. There are exceptions to these general rules.

Allowing the case to just sit there may raise issues as to the date of separation and the nature of property acquired by either of you after the petition was filed.