Legal Question in Family Law in California

Re: Cancel filed divorce

Whether you can successfully dismiss the Petition depends on whether there has been a response filed - if so, the other party will need to join in the request.

In any event, even if you are successful in withhdrawing the petition there is no reason that the other party cannot immdiately file his own petition.

Therefore, considering that your husband has retained an attorney to assist him, I strongly recommend that you do the same. A competent family law attorney will be able to advise you and act to protect your interests.

If you wish, please feel free to call this office at 562/601-8133 and ask for Pam. Pam will be more than happy to discuss your situation with you.

Regards,

Damian Nolan

Re: Cancel filed divorce

I am having a hard time understanding all of your question. Of course you can file a request for dismissal of your petition for dissolution, no problem.

However, if the reason you are doing so is to not pay spousal support, you need to speak to an attorney. Spousal Support is not guarenteed, and there is a good chance that he might have to pay you child support.

If you are in Southern California you may call me for a free consultation at 818-739-1544 ext. 10

Norm

Re: Cancel filed divorce

Retaining an attorney to assist you in this matter. Dismissing the dissolution petition is probably not an option at this time. He has an attorney and has probably filed a response. He would have to agree to a dismissal. Even if you can successfully dismiss the petition, he can refile the same day and you will have to pay another fee to the court to respond to his petition. If his reduced income is the result of being in jail as a result of spousal battery he may be denied the right to ask for spousal support.