The Superior Court of Los Angeles county filed Garner and Affleck a notice outlining the necessary steps for their divorce to be finalized, according to court papers obtained by The Blast. Supervising Judge Thomas Lewis also said the court “may dismiss” the case “for delay in prosecution” if they fail to provide the necessary documents.
However, a source tells PEOPLE the former couple is taking their time with the divorce as they navigate the best path for them and their three kids — daughters Violet, 12, and Seraphina, 9, and son Samuel, 6.
“There is no rush here,” the source says. “They continue to figure out ways of working together as a family and this is what works for them. They are doing what’s best for their family.”
WATCH: Jennifer Garner and Kids Visit Ben Affleck in Hawaii for Easter Weekend
Garner and Affleck have continued to spend time as a family and co-parent after they officially filed for divorce almost two years after announcing their separation in 2015. The two most recently took the kids to see Hello, Dolly! on Broadway in mid July, starring family friend Victor Garber.
“Jen and Ben both appeared to be really happy,” an onlooker in the audience told PEOPLE at the time. “They were laughing and smiling throughout the show and at intermission, and engaging with the kids. Some fans said hello and they were both really kind.”
Garner recently opened up about how the intense tabloid scrutiny the couple faced during their marriage took a big toll on her. Explaining how for a decade there would be up to five or six cars trying to get the scoop on what was going on between them, Garner said on CBS Sunday Morning, “Looking back on that, I really feel the stress of it.”
“I really — I could cry talking about it,” she continued.
“What I think I’ve learned is that the scrutiny in your private life puts a pressure to make something happen,” she explained. “You feel a pressure to hurry up and get married, ‘cause you think that’ll end the — ‘Are they engaged? Are they not?’ And that’s true in the reverse, as well. If you are — if you know, if there is any inkling of trouble, or if the tabloids decide there’s trouble, it can create trouble.”