Canceling a California Divorce

Divorces are filed for various reasons. However, if the parties involved wish to dismiss the action before the final settlement is reached due to reconciliation and have it appeared as though the matter was never originally filed, two simple forms must be completed and submitted to the court for a Judge's signature and filing with the court before the matter can be dismissed.

1. If the Petitioner (the person who originally filed the divorce) wishes the divorce stopped, that person should pick up court forms CIV-110 "Request for Dismissal" and CIV-120 "Notice of Entry of Dismissal and Proof of Service", fill out both documents and submit to the court along with two copies and a self addressed stamped envelope. The court will sign, file and return the copies via mail.

2. If the parties have filed a Joint Summary Dissolution, either party can stop the divorce by filing court form FL-830 "Notice of Revocation of Petition for Summary Dissolution". The document is filled out and submitted to the court with two copies and a self addressed stamped envelope. The court will have the document signed, filed and will return in the envelope.

3. If the Respondent wishes to have the Dismissal entered, they must submit a letter to the Petitioner or Petitioner's attorney requesting the dismissal. The Respondent may complete forms CIV-110 and CIV-120, but the Petitioner must sign and file with the court.

Note: A. The Respondent cannot file a Request for Dismissal arbitrarily , only the Petitioner may file the document.

B. If at a later the date, the parties decide to complete the divorce, the filing fee will have to be repaid as the court will have determined that the original divorce had never occurred.