Legal Question in Family Law in California

Can someone retract a divorce case without the other parties involvement and get the case removed from the court? My ex-wife originally filed for a divorce, which has been lingering for years due to complications. However, slowly we've agreed on child custody, alimony and support, which has been previously filed with the court. Finally, asset division has been agreed upon and I just filed that agreement with the court along with the final judgement forms. But according to her, she has retracted the case. I have not seen any documents stating such, but is that even possible for her to do this after all this time without anything being required from me? If yes, what will happen when my final judgement documents are received by the judge?

Asked on 10/18/13, 8:24 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

She would have to file a "dismissal" with the court. That would be a "request for dismissal" form, which is a statewide form. You should check with the court to see if it has been dismissed, if not, the court is expecting someone to file a judgment package if you've reached a settlement agreement. See a family law facilitator for more assistance if you cannot afford to consult with an family law attorney.

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Answered on 10/19/13, 11:47 am

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