If I filed for divorce but cancelled it 6 weeks before it was final and now 6 months later its not working out, do we have to start all over again with the paperwork?

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If I filed for divorce but cancelled it 6 weeks before it was final and now 6 months later its not working out, do we have to start all over again with the paperwork?

Asked on June 7, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the petition for the maritial dissolution was actually dismissed with the court before it receive a final order, then you and your spouse have to start the process again from the very beginning.

The legal reason is that in this country, public policy is that marriages should continue if they can. As such, since you want a dissolution now, you have to start the legal process with another filing for a dissolution from the very beginning.


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