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Can the respondent proceed with a divorce if the petitioner refuses to continue the divorce?

Los Angeles, CA |

The petitioner stated irreconcilable differences, on the divorce document, the respondent stated that there was allegations of child abuse against the petitioner's child's, which is not of this marriage. The petitioner refuses to continue with the divorce, but the respondent want to finalize the divorce. The petitioner resides in San Jose, California and the respondent resides in Los Angeles, California

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Attorney answers 5

Posted

Yes, the respondent can proceed with the divorce proceedings even if the petitioner does not wish to continue. Are you the petitioner or the respondent? Feel free to contact me directly for further assistance.

Posted

Once a response has been filed, Petitioner will need Respondent's written consent to dismissing the action. Otherwise, yes, it can proceed if Respondent wants it to.

Posted

Yes, the Respondent can proceed with the divorce. Where is the case filed? Hopefully, in L.A. if you are the Respondent. To proceed with the divorce, the Respondent can request a Trial Setting, if the Respondent has served his/her Preliminary and Final Declarations of Disclosure. If the Court won't set the trial because the Petitioner hasn't complied with his/her disclosure requirements, the Respondent can propound discovery to the Petitioner, and if the Petitioner doesn't respond, the Respondent can file a Motion to Compel Responses, requesting monetary sanctions. After the Court orders the Petitioner to serve responses, and the Order after Hearing is served on the Petitioner, if the Petitioner still doesn't serve responses, the Respondent can file a Motion seeking terminating sanctions (tantamount to taking the Petitioner's Default). If the Court orders terminating sanctions against the Petitioner, the Respondent can proceed by way of default, without the Petitioner complying with his/her disclosure requirements. Alternatively, the Respondent can file a Motion to compel compliance with the Petitioner's disclosure requirements plus monetary sanctions, without the discovery addressed above, and if the Petitioner doesn't comply, the Respondent can follow a similar procedure to get terminating sanctions and proceed by way of default. The Respondent would best retain an experienced Family Law Attorney to advise and represent him/her.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Yes.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Yes but the Respondent will need to file their response and request also the divorce be granted and then the respondent needs to take the initiative in getting things done right and timely. Seek help if this seems difficult.

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