QUESTION
How do I postpone a divorce while I try to reconcile with my spouse?
Asked on Mar 22nd, 2015 on Divorce - California
More details to this question:
I filed for divorce 2/10/2015. I am having second thoughts and would like a postponement. My husband did not file a response but we signed a notarized stipulated judgment drafted by my lawyer. The case is now in default. How to proceed for postponement while trying to reconcile with my spouse? Or is dismissal the only way?
4 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Your lawyer need not process a default or default judgment merely because (s)he can. A judgment's effective date on termination of marital status can be postponed 6 or 12 months and I did that once decades ago and it can be dismissed before then. Ask your lawyer!
Answered on Mar 25th, 2015 at 4:42 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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First, you have to tell the lawyers to hold the judgment and not file it. Then you can wait a reasonable period to see if the reconciliation holds. If the reconciliation works, then you can dismiss the case. You should be able to let the case sit for a while by agreement.
Answered on Mar 24th, 2015 at 4:20 PM
Tell your lawyer to do nothing. The court will hold the file for five years before dismissing on its own accord. Good luck with your reconciliation.
Answered on Mar 24th, 2015 at 2:16 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You should talk to your attorney about this, since you are already represented.
Answered on Mar 24th, 2015 at 2:10 PM