Santa Ana, CA asked in Family Law for California

Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date and that hearing date is more than 30 days from the day you were served with the petition, it is a judgment call. You have to decide whether you believe the motion will be granted and the matter will be dismissed. Otherwise, if you do not file a response within the statutory deadline and before the case she filed is dismissed, you run the risk of her changing her mind and then asking for entry of default.

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