How to Cancel/Stop a Divorce in California

Filing for divorce doesn’t automatically end your marriage. In some cases, spouses reconcile or have a change of heart about pursuing a divorce. In these cases, California law allows you to stop the proceedings before they are finalized. 

Reasons Why Couples Might Want to Stop or Pause a Divorce

Couples change course on a filed divorce for many different reasons, including:

• Realizing the initial filing was made impulsively
• Reconciliation facilitated by counseling, time apart, or working through the issues that led to the filing
• A change in financial circumstances that makes continuing the divorce process less practical
• Concerns about how a divorce might affect children
• A desire to try legal separation instead of a full divorce
• Religious or personal beliefs that weigh against divorce

Whatever the reason, California law doesn’t require you to justify why you want to stop the process. The procedural requirements are the same regardless of your motivation.

If Your Spouse Hasn’t Filed a Response

If you filed for the divorce and your spouse hasn’t filed a formal Response with the court, you can simply request a dismissal of the case. You can file a Request for Dismissal (Form CIV-110) without needing your spouse’s signature or agreement. 

Once the court processes the dismissal, you’ll need to serve a copy on your spouse so they’re formally notified that the case has ended.

If Your Spouse Has Already Filed a Response

Once your spouse files a Response to the divorce petition, the case can no longer be dismissed by just one party. Instead, both spouses must agree to end the case and sign a Request for Dismissal before filing with the court. 

If your spouse doesn’t agree to dismiss the case, you generally can’t force the dismissal. In these scenarios, you’ll need to continue the divorce process or negotiate an agreement with your spouse to resolve the case. 

Terms that may need to be worked out include:

• Protection against re-filing 
• Interim financial arrangements
• Child custody and parenting time during the interim.
• Division of costs spent pursuing the divorce
• A trial reconciliation period: a defined period of separation or counseling before fully deciding whether to proceed with dismissal

These negotiations can become just as complex as negotiating the divorce itself, even when both spouses want the same ultimate outcome. 

What Does a Dismissal Do?

Courts generally dismiss divorce cases “without prejudice,” meaning either spouse can file for divorce again in the future if circumstances change. Dismissing your case doesn’t eliminate you or your spouse’s right to seek a divorce at a later date. 

Dismissal does add procedural barriers to a divorce. California imposes a mandatory six-month waiting period before a divorce can be finalized. This period starts on the date the respondent is served or first appears in the case. 

If you dismiss your case and later decide to refile, that six-month clock starts over. You’ll also need to pay the filing fees again and serve court documents on your spouse. 

Summary Dissolution Cases

Many spouses file for a summary dissolution to achieve a simplified and faster divorce process. To revoke a joint petition for summary dissolution before it’s finalized, either spouse can file a Notice of Revocation of Petition for Summary Dissolution (Form FL-830). This cancels the summary dissolution case.

Contact a California Divorce Lawyer at All American Law for a Confidential Consultation 

If you’re looking to stop or pause a divorce, a California family law attorney can help you navigate the correct forms and procedure for your specific situation. They can also ensure the dismissal is handled properly and your rights are protected.

For more information, contact our experienced California divorce lawyers at All American Law, by calling 909-944-8880 to schedule a free consultation.

We serve all through Rancho Cucamonga and its surrounding areas. Visit our office at:

All American Law

10630 Town Center Drive Suite 102
Rancho Cucamonga, CA 91730

909-944-8880