Legal Question in Family Law in California

Can you stop once you start?

My wife and I had a terrible falling out last month. I immediately filed for divorce. I have finally spoken with her without "attorneys" being involved and we have agreed to spend the money on counselling rather than attorney fees (she is 11 weeks pregnant, our marriage is young 1 yr. 9 mos.). How do I stop the divorce process once it has been started? My wife has received the summons for divorce and must respond by the 24th of April. What do I do and how do I go about doing it? Thank you very much for your assistance.


Asked on 4/15/98, 7:15 pm

1 Answer from Attorneys
Mark D. Gershenson Mark D. Gershenson, Attorney at Law

Stopping the divorce

You have two options. You can file a "request for dismissal" form with the clerk's office; check the "without prejudice" box. That ends the divorce action. If counseling doesn't work, you will have to file a new dissolution petition. Alternatively, you can give your wife a letter stating she has an open extention of time within which to respond to the petiton, subject to recall on 10 days written notice. That merely puts the case on "hold." If counseling doesn't work, you simply send her another letter recalling the extension, and she has 10 days to respond to the petition. If counseling is successful, you then file the request for dismissal discussed above. Good luck. By all means try counseling, but give some thought to how you will pay for a lawyer if counseling doesn't work.

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Answered on 5/04/98, 8:51 pm


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