Legal Question in Family Law in California

I filed for divorce and it was a few day from the finalization date but i filed for dismissal and the rejected because they said that the judgment had been filed . what can i do to over turn it


Asked on 8/26/10, 10:39 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm not exactly sure what you mean by a "finalization date." Dissolution of marriage cases often proceed in two steps - termination of the married status may proceed a final decree dividing up the community estate and closing the case.

There is a provision of law prohibiting dismissal of a dissolution of marriage case after any of several events have occurred in the case. These include an order for child support, an order for spousal support, or a separate trial on the issue of the status of the marriage has been conducted under the Family Code, section 2337. These prohibitions on dismissal are contained in the Code of Civil Procedure, section 583.161.

I don't know whether there is relief available through a motion for relief under other provisions of the Family Code or Code of Civil Procedure, and it may depend upon how much time has passed since the interlocutory decree (if that's what happened). See a family law specialist near you as soon as possible.

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Answered on 8/31/10, 11:19 am

Call a preacher.

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Answered on 8/31/10, 4:45 pm


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