Legal Question in Family Law in California

Stopping Divorce

Can the respondent of a divorce cause the action to stop 1 to 2 days before they are to be final?


Asked on 11/17/00, 7:22 pm

1 Answer from Attorneys

Diana Mercer Peace Talks Mediation Services

Re: Stopping Divorce

Sometimes you can stop a divorce a couple of days before it's to become final, but it depends on the reason. If you want to stop it because you don't want to get divorced, but the petitioner still wants the divorce, you can't really stop it. You might be able to slow it down, but to serve what goal?

If you need to stop the divorce because you found out a fact you didn't know before: a husband finds out he fathered a child he didn't know about before, or the wife finds the husband has $1 million in hidden assets, you can probably postpone the divorce long enough to deal with the newly discovered facts.

California is a "no fault" state, which means that if one party wants a divorce, the other party can't stop them from obtaining it.

If this doesn't answer your question, please let me know...but I'll need more specific information.

Good luck!

Diana Mercer

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Answered on 11/27/00, 9:50 pm


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