Dismiss vs Vacate

[gim64]

My Husband and I want to un-do our existing legal separation. Yesterday he asked this forum how to to that.

I AM ALWAYS LIABLE explained that we should file a
"Request for Dismissal of the original Petition".

How is that different from a "Motion to vacate judgement"?
Do these accomplish the same thing?
Is one better or easier that the other?

We live in California.

Thank you again for your help with this problem.

gim64

 

[I AM ALWAYS LIABLE]

My Husband and I want to un-do our existing legal separation. Yesterday he asked this forum how to to that.

I AM ALWAYS LIABLE explained that we should file a
"Request for Dismissal of the original Petition".

How is that different from a "Motion to vacate judgement"?
Do these accomplish the same thing?
Is one better or easier that the other?

We live in California.

Thank you again for your help with this problem.

gim64

My response:

A motion to vacate requires specific grounds, and is a long, difficult procedure in terms of the paperwork involved.

A request for dismissal of the original petition accomplishes the task that you want, and is a single court form, with boxes to check. It's simple, fast, and does the trick. You want form # 982A5 ("Request for Dismissal"). Check the box that says Family Law, and the one that says "With Prejudice". Fill in the other proper "blanks", file it, and it's all over. You're back to the way things were prior to your legal separation.

You're welcome.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-30-2001 at 01:54 PM]