Why Jennifer Garner’s Divorce From Ben Affleck Could Be Called Off

More than three years after announcing their split, Jennifer Garner and Ben Affleck are still legally married and a technicality might put their divorce in jeopardy.

A Los Angeles County Superior Court told Garner that her final judgement was not filed or entered, reports Entertainment Tonight. This is her third notice for a case review and if she does not do anything, the judge could dismiss the divorce case because of a delay in prosecution.

According to The Blast, which first reported on the latest development in the divorce, the court told Garner and Affleck, “If you fail to take the appropriate steps in your case, the court may dismiss your case for delay in prosecution.”

Garner and Affleck announced their split in June 2015 after 10 years of marriage, but never formally filed for divorce until April 2017. As Entertainment Tonight reported at the time, they filed “pro per,” without any legal representation. Their petition and response were filed together and they mirrored each other.

Sources told The Blast that the divorce is very close to happening, and talks of the final settlement are “humming along.”

“There is no rush here,” a source told PEOPLE Friday. “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.”

Since the split, Affleck and Garner have been on good terms, even recently taking their three children to see Hello, Dolly! on Broadway last month.

“Jen and Ben both appeared to be really happy,” a witness at the show told PEOPLE. “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.”

While she has not seriously dated anyone since the split, Affleck is dating Saturday Night Live producer Lindsay Shookus.

In an interview with CBS Sunday Morning last month, Garner opened up about the tabloid fascination with her divorce.

“…Looking back on that, I really feel the stress of it. I really, I could cry talking about it,” Garner said, adding that tabloids can add pressure to a relationship.

“What I think I’ve learned is that the scrutiny in your private life puts a pressure to make something happen,” Garner said. “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 there is any inkling of trouble, or if the tabloids decide there’s trouble, it can create trouble.”

Garner’s next film, the action movie Peppermint, opens on Sept. 7.

Photo credit: Jon-Kopaloff / Getty