I filed for divorce last month and want to dismiss the petition, if my wife has not yet been served the papers yet how do I do this?

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I filed for divorce last month and want to dismiss the petition, if my wife has not yet been served the papers yet how do I do this?

Asked on September 8, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So you have had the paperwork drawn up (or you did it yourself) and it has been filed with the court (an index number or docket number has been assigned to the case) but you have yet to serve your spouse so that the court has not obtained jurisdiction over her, correct?  And now you are having second thoughts and wish to withdraw the petition.  What you need to do is to make a motion to dismiss the petition without prejudice.  That requests that the court withdraw the action from the courts at this time but it does not preclude you to bring the action at a later time should the situation warrant it ("without prejudice").  Good luck to you.


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