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-   -   California Divorce Status (https://www.askmehelpdesk.com/showthread.php?t=105082)

  • Jun 28, 2007, 10:00 AM
    CaliforniaGuy
    California Divorce Status
    After a divorce has been approved, there is a six-month waiting period before it is finalized. What is the legal status of the individuals? Do they still have any legal connection? For example, if one dies, are they still legally married? Or, if medical decisions are needed, are they responsible?

    Thanks!
  • Jun 29, 2007, 12:32 AM
    tawnynkids
    In California, until the divorce becomes final you are still considered legally married unless you had a judgment entered earlier as legally separated. You would know if you did because it would be on a temporary order and you would have a copy. Final means when you receive the Notice of Entry of Judgment/Judgment in the mail with the date the Court entered your Judgment. Not the 6 months and 1 day later that you went and filed the finals with the court but the date that will be entered by the Court as being ordered by the judge. Typically it is up to about 2-3 weeks after the agreed or ordered final judgment has been filed with the court. The Notice of Entry will tell you when it was filed with the Court and the Judgment will show the date you "became divorced" it will show as the date a judgment of dissolution was entered. (it is actually item 4. on the Judgment form Fl-180.)

    Further, until the divorce is final you are still "legally connected". The extent to which you are really depends on a lot of things. Only your attorney would know for sure as to any specific issue. Usually you are considered separate though for most everyday purposes such as paying your new debts, bills, living expenses, obtaining checking accounts etc. you are legally joined by the big things like community credit card debt, changing of any insurance or life insurance policies... let's put it this way... you are both still equally responsible for the payments due on any joint credit cards/loans or anything incurred during the marriage, you can not take her name off anything you share jointly including but not limited to joint checking/saving accounts, insurance policies, vehicles, home, you can not sell, give away or destroy any property that was obtained prior to or during the marriage whether personal or community. All that has to be decided upon by the judge.

    I am really not sure what you mean by medical decisions needing to be made. You are usually responsible for making your own medical decisions either way.

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