Q: Ok to dismiss divorce non contested before signed by a judge?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (714) 962-1892
- View Profile
- Answered
A: If you are the petitioner and the other party hasn't filed a response, it's usually not a problem.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you're considering dismissing a non-contested divorce before it's been signed by a judge, it's important to understand the legal implications. In California, you have the option to dismiss a divorce case at any point before the final judgment is entered by the court.
To do this, you would need to file a request for dismissal with the court where your divorce case is pending. This request essentially tells the court that you no longer wish to proceed with the divorce.
However, if both parties have filed papers in the divorce case, then both must agree to the dismissal. This means if your spouse has responded to your divorce petition, you will need their consent to dismiss the case.
Keep in mind that dismissing a divorce case means that you remain legally married and the terms of your marriage remain unchanged. If you decide to pursue divorce again in the future, you would need to start the process from the beginning.
It's advisable to consult with an attorney to understand all of your legal options and the potential consequences of dismissing your divorce case. They can guide you through the process and ensure that your rights and interests are protected.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
