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What are the drawbacks of withdrawing my petition for divorce

 
ANDREA,'s Avatar
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Customer Question

What are the drawbacks of withdrawing my petition for divorce? The petition was filed in Florida and I live in California now and my wife moved to North Carolina. My wife is holding up the process over a house in California that there is no equity in. I just want to stop this and let here deal with it.

 

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State/Country relating to Question: Florida

Already Tried:
My wife will not sign the final agreement as it is written. It all has to do with a house in California that we owe more on than it is worth. This property was mine before we were married, however we took out an Equity Line and she was added to the deed. I was willing to assume responsibility of the loans but she wants me to refinance the Equity Line which is impossible. I don't know where she lives and the legal fees that I have incurred do not justify my pursuit of a divorce any longer. So, I guess my only question is how do I withdrawal my petition for divorce in the state of Florida. FYI-I am living in California and my wife moved to North Carolina.

Submitted: 1339 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  ANDREA, replied1339 days and 3 hours ago.

Good Afternoon,Customer

 

Thank you for choosing JustAnswer,

 

I cannot see any drawbacks for you if you withdrew your Complaint in Divorce, other than not being free to remarry, yet.

 

If neither you, nor your wife pursued the divorce, the Court will consider it a dormant file and close the file after a certain amount of time, most states will close dormant files if ther is no activity in 2 years.

 

The Court would want to relinquish jurisdiction because neither party to the divorce action is a Florida resident anymore..

 

If you leave it open, you never know, your wife can very easily travel from North Carolina to Florida, not give the Court your new address, get what she wants out of the divorce and then you will be stuck with the headache of reopening the Florida Divorce Decree.

 

So, I reaffirm my position that there are no drawbacks to your withdrawing your Petition or Complain in Divorce, other than having to pay another filing fee to commence the action in California.

 

 

 

I hope this has answered your question. If you have questions in the future, please feel free to ask for me. You can do so by putting my name at the beginning of your question.

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Thank you and Good Luck!

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
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Answered: 9/17/2009

Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law

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