QUESTION
Will a divorce finalize on its own or do I have to stop it?
Asked on May 06th, 2013 on Divorce - California
More details to this question:
Six months ago I filed for a divorce and served him. He didn't file a response. We then ended up working out our differences. But I haven't done anything with it since. Will it finalize on its own and can I stop it still?
11 ANSWERS
The divorce will not become final if you do not submit all of the necessary paperwork to the court. You can ask the court to dismiss the proceeding, or you can simply do nothing. The court usually schedules a hearing to dismiss the divorce if nothing is filed with the court for an extended period of time.
Answered on May 10th, 2013 at 3:06 AM
It will not finalize on its own. If you think the reconciliation is solid, you can file a document entitled Request For Dismissal. If you think you might have to start the divorce up again, do nothing. That way you won't have to pay a new filing fee if you have to start again.
Answered on May 09th, 2013 at 4:49 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should file a voluntary dismissal in order to fully close the matter. Otherwise, it will remain open.
Answered on May 07th, 2013 at 1:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It will probably be dismissed for lack of prosecution.
Answered on May 07th, 2013 at 1:18 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If you are asking whether or not a decree of dissolution will be entered without further action the answer is no. If you take no further action at some point the dissolution will be dismissed with notice from the court, because it was not finalized within the time limits set by the court. You could also a Notice of dismissal, since he filed no response, but the matter should dismiss without that step.
Answered on May 07th, 2013 at 1:18 PM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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It won't "finalize by itself." The court may dismiss it if no one shows up for court. The better way to make sure that it ends is to file an Order of Dismissal
Answered on May 07th, 2013 at 1:18 PM
Family Law Attorney serving Washington, DC
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Crowley, Hoge & Fein, P.C.
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Will a divorce finalize on its own or do I have to stop it? The complaint should be dismissed without prejudice without anything done by the plaintiff - if someone in the Clerk's Office notes no action since filing. Better to file a Praecipe dismissing the divorce complaint without prejudice if this person does not wish to pursue the divorce.
Answered on May 07th, 2013 at 1:17 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If the case is pending for some time without any action being taken, the computer system will dismiss it.
Answered on May 07th, 2013 at 1:17 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It will not finalize on its own. You can stop it by a motion to dismiss or many counties will eventually dismiss it if they don't hear from you in a long time.
Answered on May 07th, 2013 at 1:17 PM
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The divorce will not be finalized on its own. You would have to file certain pleadings to obtain a judgment of divorce. If you and your spouse have reconciled, you can file a motion to dismiss your suit based on reconciliation.
Answered on May 07th, 2013 at 1:00 PM
If you have reconciled then it would be in your best interest to file a Request for Dismissal. If you ever have to file again you could just re-file with the court.
Answered on May 07th, 2013 at 12:59 PM