San Diego, CA asked in Divorce and Family Law for California

Q: Ok to dismiss divorce non contested before signed by a judge?

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2 Lawyer Answers
Robert P. Taylor
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Huntington Beach, CA
  • Licensed in California

A: If you are the petitioner and the other party hasn't filed a response, it's usually not a problem.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

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