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.
State/Country relating to Question: Florida
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.
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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.
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ANDREA, JD, LL.M., Taxation
Member, NY & PA Bar
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25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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