QUESTION
I changed my mind about wanting spousal support
Asked on Apr 17th, 2014 on Family Law - California
More details to this question:
My wife has wanted a divorce for months. I did not. I recently realized we're two very different people. I petitioned and prepared all the documents in CA (property, income, all of them) I also included an order for child visitation rights and spousal support. I was afraid she wouldn't let me visit our daughter and turn in a 30-day notice on our military housing. We received court hearing dates which will affect her overseas orders and they'll be cancelled. That affects her career. I don't want to do that. We talked tonight about it (5 hours after she was served). She said I could stay in the house during the divorce and go visit our daughter in southern California. There's no need for a court hearing date (which we NEED to get rid of now) and we agree on both issues. What form do I file to have the request for order dropped and the hearing taken off the court calendar since we both agree on it after we agreed about it tonight?
1 ANSWER
Estate Planning Attorney serving Glendale, CA
at
Legal Action Workshop Professional Corporation
Update Your Profile
Divorce is complicated and often the court does not reject paperwork until the end...so it is always best to speak with an experienced divorce lawyer so you understand your legal rights and options.
It is important to understand that a Request for Order is for temporary orders and not permanent. When your spouse was served, did she respond? If she did, you can now do a 'stipulation' which is an agreement for temporary orders that is signed by both parties. There are some counties that may want it notarized as well.
For the divorce, if your spouse responded to that, you would need another stipulation with the permanent agreements with regard to child issues, spousal support as well as assets and debts and any other issues that you may have.
Answered on Apr 17th, 2014 at 4:21 PM