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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Can grounds of divorce be changed after filing no fault

Customer Question

can grounds of divorce be changed after filing no fault divorce due to irreconcievable differences of opinion?
Submitted: 2 months ago.
Category: Family Law
Expert:  Samuel II replied 2 months ago.


This is Samuel. Yes, you can file a Motion to Dismiss on the no fault. You don't have to wait for the court to dismiss your petition on its own initiative to stop your divorce proceeding. As the party who brought the petition for divorce, you can file a Request for Dismissal at any point before judgment is entered. Once the court receives a proof of service establishing that your spouse was served with your dismissal request, it will dismiss the petition of divorce and terminate the divorce proceeding. If your spouse filed a response, he/she must also sign the dismissal request.

Remember, however, CA is strictly a No Fault state. And so if the other spouse is not "incurably insane" then you only other choice is "irreconcilable differences"

Customer: replied 2 months ago.
they are not asking for dismmisal of divorce suit but only changing the cause of suit from no fault or differences of opinion to mental illness of paranoid behavior which was not earlier claimed.They now want a fault divorce of paranoid illness which has no medical proof and is untrue.Can petitioner do that after serving first summons?
Expert:  Samuel II replied 2 months ago.

They would need to file the Dismissal for the no fault and then file on the Mental health issues, but that does not mean Incurable Insane. That would involve someone being placed in a mental institution for life.

Expert:  Samuel II replied 2 months ago.

So unless that is the case, then no it can't be done.

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