Case dismissal

Hello Cristin,

I filed FL-100 petition with the court, but changed my mind and never served my spouse. What is the process to dismiss the case? As I understand, since she was never served, the divorce hasn’t started, is that correct?

I don’t want the case to proceed and want to make sure it gets dropped by the court.

Hi Dennis,

The divorce starts the second you opened up the case by filing FL-100 with the Court. Actual progress with your case cannot begin until your spouse was served, although that is not the same thing as having an open case.

You will want to file form CIV-110 to ensure that the case is properly dismissed. While the Court will eventually dismiss your case, it typically takes at least five years.

Good luck!

I have already filed and received a judgement and are in the 6 month waiting period, but we are trying to reconcile. Is there a way to file for a continuance or delay the date that it is to be finalized? The key word is trying, I don’t want to have it dismissed yet.