Fergie and Josh Duhamel might remain married if they don’t act soon.

A California court warned the two their divorce case runs the risk of being dismissed if they don’t file court documents before their court hearing on Oct. 16, according to court documents obtained by PEOPLE.

Reps for Fergie, 44, and Duhamel, 46, did not immediately respond to PEOPLE’s request for comment.

The former couple have to file a declaration of disclosure before the court date, otherwise “the Court may dismiss your case for delay,” according to the documents.

However, if the two file the required documents, they don’t need to appear in court.

Fergie filed for divorce from Duhamel in May almost two years after the two announced their split.

Josh Duhamel, Fergie

They announced their separation after eight years of marriage in a joint statement to PEOPLE in September 2017.

“With absolute love and respect we decided to separate as a couple earlier this year,” the two said. “To give our family the best opportunity to adjust, we wanted to keep this a private matter before sharing it with the public.”

They added, “We are and will always be united in our support of each other and our family.”

Duhamel and Fergie share a 6-year-old son, Axl. They began dating in 2004 before getting engaged in 2007 and marrying in early 2009.

While the Transformers star and Fergie may no longer be together, the two have maintained a friendly relationship.

“Fergie and I had a great relationship. I love that girl and I always will. Unfortunately, we didn’t work. But I will always have her back and she is the mother of my baby,” he said while on the Armchair Expert podcast with Dax Shepard in December 2018.

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