On August 2, 2010, a judge signed a Stipulation which stated the marital status was terminated on that date. I recently found out that a written judgement had not been submitted and I was told by my ex's attorney it fell through the cracks and should be completed within 30 days. Since that time, I have been dating someone else and we are planning on getting married. At this point, am I divorced so I can remarry por do I have to wait on the written judgement? This divorce process is within the state of California.

A stipulation is another term for uncontested divorce.

So for the judge to sign it, you and the other party would have had to agree to all terms and both have signed the stupulation prior to filing it with the court.

So one of you should have been at the hearing when the judge signed it?? Or at least your attorney.

SO> did you and the ex fill out and both sign and file it at the court?

Do you have a copy of the unconested divorce signed by the judge ?

Have you checked with the court house to see if it was filed and to get a copy of the motion to see if it was signed.

So your first statement can not be correct, if one was not submitted, so there can not be a signed copy if no copy was ever filed with the court.

Quote:

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Originally Posted by Fr_Chuck

... So your first statement can not be correct, if one was not submitted, so there can not be a signed copy if no copy was ever filed with the court.

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Huh? I don't follow your reasoning, Fr_Chuck.

If the judge in the divorce case signed a stipulation that the parties were divorced as of that date, it is arguable that the OP is no longer married. However it may be that, under California law, a divorce isn't effective until a final judgment (or decree) has been entered. That is the question.

CALIFORNIA FAMILY CODE SECTION 2300 provides as follows:

"2300. The effect of a judgment of dissolution of marriage when it
becomes final is to restore the parties to the state of unmarried
persons."

The stipulation is not a final judgment. You are still married.

Yes, the ex and I were at the court and she had her attorney and I was alone. The Stipulation was hand written by her attorney and the ex and I went before the Judge who went over the terms to ensure we both understood. This all happened on August 2, 2010. During the second week of September 2010, I receieved a copy of the Stipulation from the Courts that was signed by the Judge. The copy that my ex, Judge and I signed stated the Dissolution granted and Marital Status terminated on 08/02/2010 and Written Judgement To Submitted.

Your one statement was that the judgement was not submitted, which to me means the other attorney never filed the papers with the court. So if the papers were never filed in court, how could the judge sign them?

That was my question.

Did your ex file a motion to contest or to challenge the divorce, But if you filed a non contested divorce and it was signed by the judge, ( I will assume someone filed it with the court after judge signed it ?) In mine I walked it down to the clerk after the judge signed it.

My ex and I both signed the Stipulation and it was presented to the Judge with both of us plus her attorney present on 8/02/2010. The judge stated to us the marriage was terminated on 8/02/2010 and he also signed the Stipulation and I have my copy of the signed Stipulation.

I checked with the Courts about a month ago and the Clerk I spoke with reviewed the Stipulation and told me I was divorced as of 8/02/2010 but Final Judgement documents are still pending from my ex's attorney.

At this point, all that I have is a signed copy of the Stipulation and the Judgement is still pending. Hope I cleared this up for you.