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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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If a petition has been filed with the Court, does the

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If a petition for Divorce has been filed with the Court, does the petition become null and void if the two parties are living together
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, under CA law, a party can file a divorce in CA and the two parties may remain under the same roof pending the divorce. The fact that they are merely living together is not a factor in preventing the divorce. However, if they are living together still as husband and wife and engaging in marital relations, this can be a defense to the divorce in court to get the court to deny the divorce.
In order to live under the same roof, the parties have to be living as roommates, sleeping in separate rooms and not engaging in activities as a husband and wife and in that case, merely living together would not impair the divorce.
In either circumstance, the living together does not automatically null and void the petition, the parties still need to either follow through with it or if there is no action the petition will be dismissed by the court for inactivity

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