The decision to file for a divorce is one of the most significant and challenging choices that a couple can make. However, sometimes one spouse or both might change their mind about proceeding with the divorce and want to dismiss it. In this blog post, we explain the steps a person or couple needs to take to get a divorce petition dismissed in California.
Tips for Getting a Divorce Petition Dismissed in California
A divorce can be an emotionally and financially stressful process for both parties involved. Sometimes, spouses change their minds about a divorce and want to dismiss the case.If you find yourself in such a situation, the tips below can help guide you through the process of getting a divorce petition dismissed in California:
- Retract your consent to the divorce – You are legally permitted to retract your consent to a divorce at any point before the court officially dissolves your marriage. To do this, you must file a request for dismissal of the divorce petition with the court. Ensure that the document includes the necessary information, such as the case number and the names of both parties. Then file the document with the family law court in the county where the original petition was filed.
- File a motion to dismiss – Alternatively, you may file a motion to dismiss the divorce case if you had originally not consented to the divorce, and your spouse initiated the proceedings. You must provide the court with a detailed reason for your request to dismiss, which could be that you have reconciled or that your spouse has agreed to dismiss the case. If you opt for the motion to dismiss, you should attach an affidavit or a sworn statement that explains the reason for your request.
- Attend a hearing – Once you file a request for dismissal or a motion to dismiss with the court, you may be required to attend a court hearing. During this hearing, the court will assess whether your reason for the dismissal is adequate and whether the dismissal is agreeable to both parties. Attend the hearing with all necessary documents, including your motion, evidence that supports your request, and evidence of your spouse's agreement to dismiss the case.
- Reach an agreement – If your spouse does not agree to a dismissal, you may need to negotiate an agreement. Doing so will require working with your spouse to reach a compromise on the terms of a settlement agreement. If you can both agree on the terms, you can file a stipulation to dismiss the divorce petition jointly with the court. If you cannot reach an agreement, you may need to go to trial, where the court will decide the terms of the settlement.
- Hire a divorce lawyer – If you are struggling to stop a divorce petition, consider working with a divorce lawyer who can provide you with legal advice and representation. A knowledgeable divorce attorney can help you navigate the legal system and ensure that your rights are protected throughout the dismissal process. In addition, they can help you evaluate the pros and cons of your case.
If you are seeking a solution to dismiss a divorce petition in California, look no further than Arnold Law Group, APC. Our experienced family law attorneys, with over 30 years of combined experience, are here to assist you. Contact us today to schedule a confidential consultation with our divorce attorneys in Fresno. Give us a call at 559.900.1263 or connect with us online.