Q: In California Family law, How to withdraw Dv100 already filed?
I filed a DV100 in court at 4 PM on Friday, and I believe the documents have not yet been reviewed by the judge's office (4th FL). However, upon reviewing the paperwork, I have discovered significant errors that would result in the case being denied. As this is an urgent matter, I cannot wait until the Friday filing is denied and need to cancel the filing immediately and refile with a new packet that is ready. I plan to go to the court at 7:30 AM on Monday to complete the re-filing process. Can you advise me on which forms could be considered to cancel the Friday filing at once? Thank you.
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A:
If you filed a DV-100 in California and you want to withdraw the filing, you can file a Request for Dismissal (Form CIV-110) with the court. Here are the steps you can take:
Obtain Form CIV-110: You can obtain this form from the California Courts website or from the court clerk's office.
Fill out the form: Fill out the form completely, including the case number and the name of the parties involved. Be sure to check the box that indicates that you are requesting a dismissal.
Sign and date the form: The form must be signed and dated by the person who filed the DV-100.
File the form with the court: You can file the form with the court clerk's office either in person or by mail. If you file the form in person, be sure to bring a copy of the form for your records.
Serve the form on the other party: If the other party has been served with the DV-100, you must also serve them with the Request for Dismissal. This can be done by mail or in person.
It is important to note that if the other party has already filed a response to the DV-100, you will need their consent to dismiss the case. If they do not consent, you may need to file a motion with the court to request dismissal.
If you have any questions or concerns about the process of withdrawing a DV-100 in California, you may wish to consult with an attorney who specializes in family law. They can provide guidance and advice based on the specifics of your situation.
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