If I was served divorce papers but my wife changed her mind, since a proof of service I was not filed is the case stopped?
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If I was served divorce papers but my wife changed her mind, since a proof of service I was not filed is the case stopped?
bout 3 weeks ago, a friend of my wife’s served me divorce papers; my wife arranged for this in a fit of anger. Since then she has verbally said and emailed she no longer wants a divorce. She believes that since a proof of service has not been filed, the divorce process has not started, and no further action on her part is required. I am under the belief that once I am served, I have 30 days to respond, regardless if a proof of service has been filed, else I risk a default judgment against me.
Asked on May 18, 2012 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The case has not been "stopped" because the proof of service isn't filed.
To end the case, your wife will need to file a request for dismissal (court form). On the request for dismissal, she should check the boxes which say dismissal of all parties and all causes of action. (The form might say entire action instead of all causes of action). She will also need to check the box indicating the type of dismissal. There are two types of dismissals. One is without prejudice and the other is with prejudice. Without prejudice means the case can be reinstated in the future. With prejudice means the case cannot be reinstated.
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