What can I do if I recently found out that my ex has had our final judgement papers, unsigned for the last 4 years?

I assumed we were done and divorced 4 years ago. My understanding is that after a certain amount of time we have to start the process all over? Do the terms and conditions to which we previously agreed still apply or are we starting from a clean slate, new financial info, etc? Do the documents we filed with the court still exist or are they deleted, removed, expunged as though they never existed? How will the fact my ex and I have not been living together for 4 years effect any new divorce agreement?

Asked on July 23, 2015 under Family Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to contact the clerk of the court to see if the action is still pending.  If it is still an open case, then you and he just need to get to the courthouse with your agreed order and get it finished.  If the case was already dismissed because of inactivity... then you will have to start the process all over again. 

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