Core Insights:
- California divorce dismissal depends on whether the respondent has appeared.
- Dismissing a divorce ends temporary orders and ATROs.
- The filing fee is not refunded after dismissal.
- Legal separation offers an alternative to full dismissal.
- Finalized divorces cannot be dismissed or reversed.
You’ve filed for divorce, but now you’re reconsidering, and you don’t know if it’s too late to stop the proceedings. The good news is that in most cases you can stop a divorce in California after filing, provided the final judgment has not been entered.
Stopping a divorce is not always as simple as changing your mind. Depending on where the case stands, there may already be temporary orders in place, paperwork filed, or costs incurred that affect what happens next.
This article explains how to stop divorce proceedings in California. We discuss the divorce timeline, dismissal process and forms, what happens to temporary orders, the practical and financial considerations before dismissal, and when to consult an attorney for guidance.
The California Divorce Timeline
California divorces cannot be finalized until at least six months and one day after the respondent has been served with the petition as per California Family Code Section 2339. This mandatory waiting period applies to every case, even if it is an uncontested, amicable divorce. Divorces progress through the following steps before they’re finalized:
- Petition filed and served. One spouse files the petition and has the other formally served with the paperwork.
- Issuance of Automatic temporary restraining orders (ATROs). Mandatory orders that are listed on the summons document to protect both parties during the divorce process.
- Temporary orders issued. The court may issue temporary support or custody orders while the case is pending.
- Respondent files a response (or not). Ideally, the other spouse will file a response; if not, the deadline will pass without one.
- Financial disclosures exchanged. Both spouses exchange mandatory declarations of income, assets, and debts.
- Settlement negotiations or hearings. The parties negotiate a mutually satisfactory divorce settlement, or contested issues go before a judge.
- Final judgment entered. The judge signs the final judgment and the marriage officially and legally ends.
Can You Stop a Divorce After Filing?
Yes, you can stop a divorce after it has been filed, and the process depends on whether the respondent has filed a response. If they have not yet responded, you, as the petitioner, can dismiss the case unilaterally by filing a Request for Dismissal. No one else needs to agree, and the case simply ends. If the respondent has filed a response, you must both agree and sign the dismissal form before it is filed. Dismissal cannot occur after the final judgment because the divorce is already legally finalized.
How to Dismiss Your Divorce Case in California
Dismissing a divorce case in California follows a straightforward but precise procedure. The required forms are available for free on the California Courts self-help website.
Fill Out Two Forms
The petitioner must complete Form CIV-110, Request for Dismissal, and Form CIV-120, Notice of Entry of Dismissal and Proof of Service, which are available at the California Courts Self-Help Guide. On CIV-110, make sure you check the “without prejudice” box, which preserves your ability to refile later if circumstances change. If the respondent has filed a response, they must also sign the CIV-110 form.
Make Copies
Before filing, make two copies of the completed forms. The original set goes to the court, and you and your spouse should each keep a copy of the dismissal forms for your own files. Having copies on hand helps avoid confusion later if there are any questions or issues related to the dismissal.
File Your Forms
File the original and copies with the court clerk at the same courthouse where the divorce was originally filed. The clerk will process the request and note the dismissal in the case record. Some California courts allow filing online or by mail rather than in person, so check your specific court’s procedures on your county court’s website before you go.
Serve Your Spouse and File Form CIV-120
If the respondent has filed a response, someone who is over 18 must mail a copy of the filed Request for Dismissal and the Notice of Entry of Dismissal to the respondent. That person then completes the Proof of Service section of Form CIV-120. The original is filed with the court, and a copy is kept for records.
What Happens to Temporary Orders If You Dismiss?
When a divorce case is dismissed, temporary orders issued during the case, such as temporary spousal support, custody arrangements, and ATROs, are usually terminated. If child custody or child support was established through a separate family court order independent of the divorce case, those obligations may continue even if the divorce is dismissed. If this is the case, those orders must be treated as unpaid child support as it accrues, even if the couple has decided not to divorce. If you are unsure about the obligations, speak to a divorce attorney.
Is Dismissal the Right Choice? Things to Consider Before Filing
Reconsidering a divorce can happen for many valid reasons, including reconciliation, counseling, or genuinely changed circumstances. Dismissing the divorce officially has practical consequences. It forfeits your filing start date, so the six-month clock resets if you refile in the future. The initial filing fee is not refunded, and if you refile, you’ll have to pay it again. Community property and debts may continue to accrue during the marriage, and ATROs and protective orders tied to the case will end.
Alternatives to Dismissal
Full dismissal is not the only option if you want to pause or slow the process rather than end it. In some situations, a motion to abate can temporarily halt proceedings, holding the case in abeyance while the spouses attempt reconciliation without losing the filing date. You can also consider legal separation, which is a distinct legal status under California Family Code section 2310. Legal separation lets spouses divide assets and set support without officially ending the marriage. Separations can be converted to a divorce later if needed.
What If Only One Spouse Wants to Stop the Divorce?
If the petitioner decides to stop the divorce but the respondent has already filed a response, the petitioner cannot dismiss the case alone. Both parties must sign the dismissal form so that the respondent can have their interests resolved by the court.
If the respondent's FL-120 requested affirmative relief such as dissolution or property division, the case cannot simply be withdrawn by the petitioner alone. It could keep the case active unless relief is given. If the respondent will not agree, the petitioner may keep the case open, seek legal guidance, or address any outstanding claims through the court.
What If the Divorce Is Already Final?
Once a judge signs the final divorce judgment, the marriage is legally ended, and the case cannot be dismissed or reversed. Dismissal is only available while the case is still open. At that point, you are legally viewed as single. The only legal path forward for a couple who reconciles after the final judgment is to get remarried. California allows remarriage immediately after a divorce is finalized and imposes no waiting period to remarry a former spouse.
Speak With a Family Law Attorney Before Dismissing Your Case
Stopping a divorce involves more than filing paperwork. The decision affects temporary orders, community property timelines, financial disclosures already exchanged, and any pending hearing dates, and the consequences vary significantly depending on how far the case has progressed. At Bremer Whyte Brown & O’Meara, we will review your case status, provide advice about what dismissal means for your specific circumstances, discuss any potential alternatives that better suit your goals, and handle all procedural filings on your behalf. Contact our team to schedule a consultation.
Frequently Asked Questions
Can I stop a divorce if my spouse already filed a response?
Not on your own. Once your spouse has filed a Response (Form FL-120), they have appeared in the case, so both of you must agree and sign the Request for Dismissal (Form CIV-110). If your spouse will not sign, you can dismiss the case unilaterally.
Does dismissing a divorce case cost money?
There is generally no separate fee to file a Request for Dismissal. However, the original filing fee you already paid is not refunded when you dismiss, and you will have to pay it again if you refile for divorce at a later date.
What happens to child custody if I dismiss my divorce case?
Temporary custody orders issued within the divorce case usually end when the case is dismissed. But if custody or support was set through a separate, independent family court order, those obligations may continue.