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How do I cancel my divorce since my spouse and I are reconciling?

Fresno, CA |
Filed under: Divorce

I've already made the decision, I just need to know how to cancel the divorce so we can start the reconciliation process. I haven't turned in the proof of service and my spouse hasn't filed a response. I filed for divorce in October in Fresno County, California.

Attorney Answers 4

Posted

If you are absolutely sure that you want to "cancel" the divorce, you may file a "Request for Dismissal", which is a form you can either obtain from the Clerk, or online. Once the court processes the dismissal, the case is dismissed, and all the Automatic Temporary Orders are dissolved.

Since nothing will happen in your divorce case unless you take further steps to move it forward, (i.e., even if you don't dismiss it, you're not suddenly going to find that the court has taken steps to finish your divorce) you may wish to wait during your reconciliation for a while before filing the request to dismiss. If you dismiss the case, and then "un-reconcile", then you'll need to file all over again. You'd also need pay a new filing fee, which just went up again on 1/1/09.

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Posted

If you want to stop your divorce, file a Request for Dismissal, Without Prejudice with the court. That'll do it.

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Posted

You can "cancel" your divorce with a Request for Dismissal. I assume that you are going to file it without prejudice. Good luck!

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Posted

Simply download from the Fresno County Superior Court's web site the "Dismissal" form, and check the appropriate boxes - to dismiss WITHOUT PREJUDICE. Without prejudice means you can refile it later if things don't work out. With prejudice means that you can't refile the same action later- so that is not appropriate for divorce actions. You may want to give your spouse a copy of the dismissal so there is no unnecessary anxiety on that end also.

There are also many good counselors in the Fresno area. Counseling can be very beneficial, and I especially recommend it if there are children involved. These matters create stress for children that the kids don't always know how to express to Mom and Dad.

Best wishes on the reconciliation.

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