How can I track my divorce case?
To locate your divorce papers, the Court will need the case number. If you do not know your divorce case number, you can try looking up your case online by doing an index search on the Court’s Case Information Portal , searching for your or your spouse’s name (“party name”) at the time of the divorce.
What happens after final Judgement of divorce?
Once the divorce is finalized and the court has entered the judgment, your single status is restored and you are free to remarry.
What is a proposed Judgement in a divorce?
The Judgment of divorce is the document that gets you divorced. It contains the division of property, standard paragraphs, the paragraph granting the divorce, etc. A proposed judgment means the judgment you want entered. So you are proposing the terms in the judgment you have prepared.
Is a divorce decree the same as a final Judgement?
A final decree of divorce is the court’s formal order granting a termination of a marriage. If the case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk.
What happens if your divorce goes into default?
A divorce by default occurs when the person who files for divorce does not receive a timely response from the other spouse. You can’t take back or rescind the divorce once the courts have finalized it, even if the defendant never received the petition and did not know a spouse filed for divorce.
Can you reverse divorce settlement?
If the divorce settlement hasn’t yet been finalized, you can file a motion to ask the court not to rule on the settlement, which would put a stop to the proceedings. If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge’s decision.
What happens if your spouse does not respond to divorce papers?
If you do not respond to your spouse or partner’s petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a “default” or an “uncontested case.” In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case.
Can divorce settlements be reopened?
In California, a divorce settlement is only able to be re-assessed or reopened if there are exceptional or compelling circumstances at hand, which often center on fraud or misrepresentation in court.
Can I divorce without a financial settlement?
The only way to avoid a financial claim being made against you after a divorce is with a Court Order. Like a Clean Break Order, once this has been made legally-binding by the Court, your ex-spouse will not be able to pursue a financial claim against you.
Can you sue your spouse after divorce?
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit. A lawyer can help decide whether you have a legitimate case or not.
Can you sue your ex husband for emotional distress?
If you are a victim of the intentional or negligent actions of a spouse who causes emotional distress to you, it is possible to get divorced and recover damages. The two kinds of emotional distress lawsuits are intentional infliction and negligent infliction of emotional distress. …
Can my ex wife go after my new spouse’s income?
3 attorney answers As a general rule, the only circumstance under which a new spouse’s income is taken into account in support calculations (except as to tax effects, where it HELPS you) is if your new spouse’s income is so high that it enables YOU to quit working and live entirely on your new spouse’s income.
Can I sue my ex wife for parental alienation?
Your attorney may file a Motion for Contempt of Court when you allege parental alienation that indicates your ex is in violation of your court-ordered parenting plan. This motion involves asking the court to become involved and hold your ex in contempt for the violation of the court’s parenting plan order.
What is a second wife entitled to Social Security?
Eligible spouses and ex-spouses can receive up to 100 percent of the late beneficiary’s monthly Social Security payment, if they have reached full retirement age (currently 66 and gradually rising to 67 over the next several years).
Can current wife and ex wife collect Social Security?
If you’re getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.
Who pays for mortgage during divorce?
Typically, mortgage debt is assigned to the spouse who makes significantly more than the other spouse. Or it goes to the spouse who is awarded full custody of the children. In those cases, one party will be required to buy out the other’s equity in the home.