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  1. #1

    Default How to Cancel a Divorce

    I am in CA.

    I filled for divorce on my wife, filled the initial petition and had her served. She responded thru the court.

    Now we both want to stay together (we think) at least for now and we want to stop any further proceedings, what is the procedure?


    We are both available to go to the court house in person.


    Thank you.

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: How to Cancel a Divorce

    Note that things are more complicated if there is a spousal or child support order in effect, if any restraining orders are in effect, or if a court hearing has been scheduled. Also, if either of you has a lawyer, the form would have to be completed to reflect your representation - and normally you would have your lawyer draft the form. Otherwise....

    You need Forms CIV-110 (Request for Dismissal) and CIV-120 (Notice of Entry of Dismissal and Proof of Service), available here. Complete the forms. As your spouse appears to have filed an answer to your complaint your spouse must also request dismissal - check box 1(b)(6) (other) and write next to it, "RESPONSE (Family Law), add a second date and signature space for her to sign, and change any relevant references to (singular) "party" to (plural) "parties". You presumably would want to serve the papers on your spouse by mail, (option 2(a) on CIV-120) - be sure to add information for (2)(c), (d) and (e).

    You will file the original documents and two (2) additional copies with the court where the action is pending. I suggest filing them at the courthouse in case there is a problem with the forms, as the clerk (while unable to give you legal advice) should be able to identify the problem in a manner that will help you fix it.

  3. #3

    Default Re: How to Cancel a Divorce

    Thank you for your response, that is very detailed.

    I have a seperate question, we don't have lawyers. It was just us who went and filled out the forms. So, do we need proof of service stuff for the initial serving because I didn't see anywhere it said they needed proof of serivce forms.

    And in her original response, did she need to serve me with something in return?

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