How long after an uncontested divorce is filedcan the final decree be entered?

My husband signed and notarized an uncontested divorce 2 years ago. In the initial hearing, the judge was satisfied with all and only needed the quit claim deed signed. However I had to go to AR the same week for a contract job for 6 months. When I came back my daughter had a medical emergency. This has consumed my time until now. I am ready to file the quit claim deed. Is it too late or are there other steps I need to take since it has been so long? My husband let me live in the house and slept in living room until it was over. We still agree on the terms.

Asked on September 20, 2011 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is wonderful that you and your husband are still on the same page and working together for the sake of your daughter.  You both should be commended for these actions.  What may have happened with the divorce action is that the court could have dismissed it if it became stale or if they felt that the matter was in some way abandoned.  So I would double check with the courts on the matter just to be sure.  If the court has indeed marked it as such then you will probably need to make a motion to re-activate the case.  The procedure for this and what it is called varies from state to state so speak with an attorney in your area.  Once that is done then you can ask the court to allow you to finalize.  Good luck!

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