The couple can, if they agree, cancel the divorce by asking the court to dismiss the divorce after the papers have been filed.
Any time before a judge issues a final divorce decree, the petitioner may petition the court to withdraw a divorce request by filing a motion to dismiss without prejudice.
Can a divorce be put on hold in California?
In California, at any time before a divorce is finalized, you and your spouse can absolutely decide to reconcile and give the marriage another chance. If both spouses have filed their papers with the Court, then they will both need to sign the request to dismiss the divorce.26 Jan 2016
What happens if someone refuses to sign divorce papers?
In some cases you may receive compensation for the additional attorney and court fees you paid as a result of your spouse’s stalling. In extreme cases you may obtain a default divorce, which means that a judge grants your divorce even though your spouse refused to appear in court or sign the divorce papers.
How long does it take to get a divorce if both parties agree in California?
By law, it will take at least six months before a divorce is finalized.27 Feb 2019
Can you refuse to get divorced?
Modernly, courts have moved past the traditional requirements of finding cause for a divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested.
How do I dismiss a divorce?
Method 2 Halting Divorce Proceedings Bilaterally
- Make sure each spouse wants to withdraw the divorce petition. First and foremost, make sure that reconciliation is the best option for you, your spouse, and your family.
- File a motion to dismiss.
- Dismiss the counterclaim.
- Close the case.
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