Jennifer Garner and Ben Affleck's divorce case could be dismissed

Jennifer Garner may need to refile for divorce from Ben Affleck if she doesn't take action soon.

ET has learned that a judge in the LA County Superior Court sent a document to the actress informing her that the final judgement has not been filed and entered. According to the court document, it's her third notice of case review, and if she fails to take action fast, the court will dismiss the case for delay in prosecution.

Though separated, Garner, 46, and Affleck, 45 (who has since moved on with SNL producer Lindsay Shookus) are still legally married. The two announced their separation in 2015, and filed for divorce last April.

As ET previously reported, both filed "pro per," without legal representation, and filed both the petition and response -- which mirror each other exactly -- together. The two did not sign a prenuptial agreement, indicating that all earnings during their marriage would be split 50/50 unless another agreement is reached.

Garner and Affleck have remained amicable since the split, as they continue to co-parent the three children they share together, Violet, 12, Seraphina, 9, and Samuel, 6. 

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Jennifer Garner and Ben Affleck
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Jennifer Garner and Ben Affleck
LOS ANGELES, CA - NOVEMBER 13: Jennifer Garner and Ben Affleck are seen on November 13, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - MARCH 06: Jennifer Garner and Ben Affleck are seen on March 06, 2016 in Los Angeles, California. (Photo by Stone-e/Bauer-Griffin/GC Images)
LOS ANGELES, CA - OCTOBER 05: Jennifer Garner and Ben Affleck are seen on October 05, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
LOS ANGELES, CA - OCTOBER 03: Ben Affleck and Jennifer Garner are seen on October 03, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
WEST HOLLYWOOD, CA - MARCH 02: Actor/director Ben Affleck (L) and wife actress Jennifer Garner attend the 2014 Vanity Fair Oscar Party hosted by Graydon Carter on March 2, 2014 in West Hollywood, California. (Photo by David Livingston/Getty Images)
LOS ANGELES, CA - FEBRUARY 18: Ben Affleck and Jennifer Garner are seen holding hands on February 18, 2014 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
LOS ANGELES, CA - FEBRUARY 06: Ben Affleck and Jennifer Garner are seen with their daughter, Seraphina Affleck on February 06, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JANUARY 18: Actors Jennifer Garner and Ben Affleck attend the 20th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 18, 2014 in Los Angeles, California. (Photo by Christopher Polk/WireImage)
LOS ANGELES, CA - NOVEMBER 29: Ben Affleck and Jennifer Garner are seen on November 29, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
LOS ANGELES, CA - November 07: Ben Affleck and Jennifer Garner are seen on November 07, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/FilmMagic)
LOS ANGELES, CA - JULY 16: Ben Affleck and Jennifer Garner are seen on July 16, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
SATURDAY NIGHT LIVE -- 'Ben Affleck' Episode 1641 -- Pictured: (l-r) Jennifer Garner and Ben Affleck during the monologue on May 18, 2013 -- (Photo by: Dana Edelson/NBC/NBCU Photo Bank via Getty Images)
LOS ANGELES, CA - MARCH 10: Actors Jennifer Garner (L) and Ben Affleck attend the John Varvatos 10th Annual Stuart House Benefit presented by Chrysler, Kids Tent by Hasbro Studios, at John Varvatos Los Angeles on March 10, 2013 in Los Angeles, California. (Photo by Donato Sardella/Getty Images for John Varvatos)
Argo director Ben Affleck kisses his wife actress Jennifer Garner after winning the Oscar for Best Movie at the 85th Annual Academy Awards on February 24, 2013 in Hollywood, California. AFP PHOTO/Robyn BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
LONDON, ENGLAND - FEBRUARY 09: Ben Affleck (L) and Jennifer Garner attend the Charles Finch and Chanel Pre-BAFTA cocktail party and dinner at Annabel's on February 9, 2013 in London, England. (Photo by Dave M. Benett/Getty Images)
LOS ANGELES, CA - JANUARY 27: Ben Affleck and Jennifer Garner attend the 19th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 27, 2013 in Los Angeles, California. (Photo by Kevin Mazur/WireImage) 23116_016_1209.jpg
LOS ANGELES, CA - NOVEMBER 30: Ben Affleck and Jennifer Garner are seen on November 30, 2012 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
BEVERLY HILLS, CA - OCTOBER 05: Actors Ben Affleck and Jennifer Garner attend Variety's 4th Annual Power of Women Event Presented by Lifetime at the Beverly Wilshire Four Seasons Hotel on October 5, 2012 in Beverly Hills, California. (Photo by Amanda Edwards/WireImage)
BEVERLY HILLS, CA - OCTOBER 04: Actors Ben Affleck and Jennifer Garner arrive at the premiere of Warner Bros. Pictures' 'Argo' at AMPAS Samuel Goldwyn Theater on October 4, 2012 in Beverly Hills, California. (Photo by Jason Merritt/Getty Images)
TORONTO, ON - SEPTEMBER 07: Jennifer Garner and Ben Affleck attends 'Argo' Post Premiere Party - 2012 Toronto International Film Festival on September 7, 2012 in Toronto, Canada. (Photo by Sonia Recchia/Getty Images)
LOS ANGELES, CA - NOVEMBER 04: Ben Affleck and Jennifer Garner are seen on November 04, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 02: Jennifer Garner and Ben Affleck are seen on June 02, 2018 in Los Angeles, California. (Photo by Stav/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 02: Ben Affleck and Jennifer Garner are seen on June 02, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 28: Ben Affleck and Jennifer Garner are seen on November 28, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 19: Jennifer Garner and Ben Affleck are seen on November 19, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 13: Jennifer Garner and Ben Affleck are seen on November 13, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 04: Ben Affleck and Jennifer Garner are seen on November 04, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
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