[saxerina]

Hello everybody,

I am the petitioner in my divorce case.
I have started over a year ago the divorce.
The question that I have, should be very simple.
Can I file a motion to dismiss for this divorce?
I have no financial means to continue, have no legal representation, I am asked documents that I can't provide and I am not in California and have no way to get to California for a deposition.

Thank you very much.

S.

[GV70]

You may withdraw your petition.

[saxerina]

How do I do that?
I spoke to the clerk and she told me that my ex needs to sign the form too, but that is impossible.
What is your suggestion?

[GV70]

A motion to withdraw is asking the court to make a formal order allowing a party to withdraw, or take back, something. The motion usually includes a written statement or brief explaining the reasons for the motion and why it should be granted. If the court requires a hearing on the motion to withdraw, both parties will usually submit oral arguments regarding the motion.
I cannot understand why the court clerk said you needed your ex's signature.

[saxerina]

What is the process I have to go through?
Can I do it by mail?
I am not in California and don't have the financial possibility to do so.
Thank you again.

S.

[AK lawyer]

It would depend on how the local court handles things, but yes, you should be able to dismiss your case by written motion without the need to be physically present.

Or, alternatively, do nothing and the case will be eventually dismissed on the court's own motion.

But frankly, the discovery issues you mention should not prevent your continuing the case.

• the request for production of documents: Simply respond that you have no ability to provide those documents, and explain why.
• deposition: Ask the court for a protective order that the deposition be taken in some other manner - perhaps by telephone.

[cdad]

Or, alternatively, do nothing and the case will be eventually dismissed on the court's own motion.

[/LIST]

This we have to be careful with. In California to clear things up they do drop cases that have no activity. But if the case is complex or has had many filings involved then the cae stays open virtually forever.

So look at it as means testing for an open case.

To OP:

Have you reconciled with your ex? If not then simply closing your case doesn't make anything go away. It may simply be a delay in procedure. California is a no fault state so there doesn't have to be a reason. So lets say you close your case. As soon as it is closed the other party can open a case and it starts all over again. If divorce is imminent then you should read the others advice on proceeding and just move forward.

[saxerina]

Ok really a practical question now:

How do I actually file the written request to withdrawal my divorce petition? Shall I just send the letter to the court? Are there legal requirements that I need to fulfill?

Thank you very very much!

S.