Legal Question in Family Law in California

Legal Separation/Mediation

My wife and I are separating and she recently filed as petitioner. Now she is suggesting we work through mediator. This sounds better to me than going through the courts, but I'm wondering if she can/should retract her separation petition. I haven't responded to it yet, and in it she asked for full legal and physical custody. Can she retract it?

Thanks


Asked on 6/28/07, 7:35 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Legal Separation/Mediation

You should get a written agreement that you do not have file an answer until she gives you written notice that you have 10 days to file a response. The requests in her petition are not mandatory. Most of the time an individual asks for much more than they are willing to accept in an agreement. Document the date that mediation starts and each meeting with the mediator. In this record give a brief description of her offer and your response.

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Answered on 7/05/07, 11:21 pm


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