How Long Can A Divorce Drag On For?

**VegasExSailor** · 12-02-2006, 12:31 AM

My girlfriend had her divorce proceedings started over two years ago in California. At the time, her "ex" was more interested in dragging the proceedings out in order to deplete her funds than he was in finalizing the divorce. The case has laid dormant for nearly two years now. Neither side has shown much interest in the case; she doesn't have the cash to do anything and he is sitting pretty without having to pay a dime in child support or spousal support. My question is this: Is there a time limit for a divorce case to be completed in California; especially since there has been absolutely no action on the case by either side in nearly two years? She no longer lives in California and would like to file in her present home state so she can move on with her life. There are child cusotdy issues that may or may not play into getting the California divorce proceedings dismissed, but I'd like to leave that discussion for another time. One step at a time...

**Mr. Knowitall** · 12-03-2006, 10:24 PM

If nothing is being done in court, she can contact the court to see if they have any plan to dismiss it for the lack of progress. When was the last activity on the case?

**VegasExSailor** · 12-12-2006, 02:48 PM

Sorry for the delay in answering. Life got in the way. The last court date was Dec 2004 but neither party showed up due to last minute cancelation. The last real work on the case was September 2004. In any event, it's been two years since anything has been done.

**seniorjudge** · 12-12-2006, 03:01 PM

Quoting VegasExSailor

Sorry for the delay in answering. Life got in the way. The last court date was Dec 2004 but neither party showed up due to last minute cancelation. The last real work on the case was September 2004. In any event, it's been two years since anything has been done.

It doesn't sound like your girlfriend is interested in getting divorced.

**VegasExSailor** · 12-13-2006, 09:50 AM

She wants a divorce badly but he drained her of every dime the first time through the process. Plus, he presented some fabricated accusations against her (only after she asked for support). The court had to "err on the side of caution" and removed her kids from her for a period of time. The judge did make a comment to the husband insinuating that he doubted the husband's accusations. The husband's comment to her at the time was " I just wanted to show you that I could do it." She is afraid of him. She now has her kids. In fact he gave them to her; not what someone would do after raising some serious accusations in court. Anyway, she now lives in Nevada and wants to file here. She is writing a letter to the judge asking that the case be released (she will point out the false accusation, the fact she was given the kids and that he is working the system by not taking any action with regards to the divorce; thus, keeping himself free from paying child support or spousal support. She is afraid that he will start working his delay tactics again if he is notified that she is attempting to have the case released. On a completely different note, there are some serious issues being raised about him and his family. Child protective services have gotten involved. There is currently no order regarding custody either. It's just an ugly situation.