My husband has not been served and is not aware I filed for divorce. How do I dismiss my divorce case in California?

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Is there a form on the Superior Court site which will not require his notification and/or signature?

Attorney Answers

4
H Miller ·
Yes, form CIV-110, checking box 1.b.(5), dating and signing, then submitting the original and a copy to the Clerk of the Court for entry. Just keep in mind, this does not remove the case from the public record, anyone, including your husband, can still look it up in the future.
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Victor Murray HwangDivorce / Separation LawyerSan Francisco, CA ·
If this is in San Francisco, I would recommend going through the self-help center at the courthouse- they're generally very helpful when it comes to filing the right forms.
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Stacy Larson ·
If he has not been served and has not "appeared" in the case by filing papers, dismissal is as easy as filing a CIV-110 form requesting dismissal. If you were charged a first-appearance filing fee, this money will not be refunded, and you will have to pay it all over again if you choose to later file for divorce or legal separation again. The forms can be found at www.courts.ca.gov, click on "See Forms," then click on "Civil," and scroll down to the form you want. Remember, you must file an original and two copies in the courthouse where your initial papers were filed.
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