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  1. #1
    Join Date
    Jun 2005
    Location
    San Jose
    Posts
    4

    Default Divorce question

    I live in CA and filed for a divorce in Nov 04. I filed in the heat of the moment when I learned of my estranged husbands infedelity. Since then I have had a change of heart. We were married in the Catholic Church, I have no grounds for annulment, so therefore, I don't want a divorce. My husband does want a divorce and continues to pest as to when I will finish the paperwork. I let him know 2 weeks ago that after speaking to the Priest I have decided NOT to go forward with the initial divorce proceedings against him. If he felt that he wanted a divorce that it would be a choice he would have to make and go forward with. He did not respond. My question is this: If I file a dismissal form, what can I do to protect myself financially? What happens to the time that has already elapsed, can he file his own petition on top of mine? Can he start his own case without my dismissal of the first case or is it necessary for me to file dismissal in order for him to file a new petition? Does a new petition even have to be filed or can he as the Respondant ask for a final declaration in the current pending case? I filed the petition, summons and proof of service. We have no minor children and no assets. He does have tax debt that I am concerned about. He has threatened to come after me for this. We filed married separate for the tax year in question. I hope you can help. This is more of a moral issue for me, however I want to protect myself from any potential financial repercussions.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Want To Stop Divorce

    If no counter-complaint has been filed, and no appearance has been filed by your husband or your attorney, you should be able to file a voluntary dismissal of your case. That wouldn't stop your husband from being able to file his own divorce action.

    You may benefit from consulting with a divorce financial planner about your financial situation.

  3. #3
    Join Date
    Jun 2005
    Location
    San Jose
    Posts
    4

    Default

    Thank you for your quick response. Can he file his own petition without the dismissal?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Counter-Claim

    If you do not dismiss, he can file a counter-claim for divorce. That claim would survive and continue even if you later dismissed your original petition.

  5. #5
    Join Date
    Jun 2005
    Location
    San Jose
    Posts
    4

    Default

    Is a counter-claim different than a response? He had 30 days to respond upon receiving the summons and did not respond. Does that negate his opportunity to file a counter-claim?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Counter-Claim or Response

    A response is an answer to your complaint. A counter-claim is a claim of his own.

  7. #7
    Join Date
    Jun 2005
    Location
    San Jose
    Posts
    4

    Default

    Thank you so much for all of your help. I appreciate it very much!!!!

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