If we filed for a dissolution of marriage 2 months ago but I have decided that I no longer want a divorce, can I back out?

UPDATED: Dec 25, 2011

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If we filed for a dissolution of marriage 2 months ago but I have decided that I no longer want a divorce, can I back out?

I want to work on things. Can I go back and take my name off the file? What are my options since we are a couple of months into our filing?

Asked on December 25, 2011 under Family Law, California


Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 11 years ago | Contributor

You have two choices.  One choice is to dismiss the pending divorce.   You cannot dismiss the divorce petition if there arny existing support orders.  Either child support or spousal support.  These court orders would have to be reduced to zero by the court.   The Second option is to do nothing for the next six months or so.  The court action will not proceed unless one or both of you take action to proceed with the action.  If the reconciliation is continuing and it appears to be successful you should then dismiss the divorce proceeding. 

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