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What happens if my spouse decides to stop the summary dissolution of marriage?

San Pedro, CA |

My spouse is going through some immigration issues and I'm afraid he may want to stop the Summary Dissolution filed 5 months ago. What happens if he does? Do I have to start a contested divorce and wait 6 months all over again?

Attorney Answers 1


It takes two to tango. If you both are going through the Summary Dissolution process, meaning that both of you have been legally served and have answered or defaulted, one party can not just stop the proceeding without the other having a say.

If he "stops", the process is still moving and he is liable to be defaulted into having the case settled without him. If h is going to contest the divorce, then the summary dissolution is simply turned into a contested divorce. If he had answered previously the case just continues with some new paperwork requirements and . You should not have to "start" over again, but there is just not enough information here.

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