How to Stop Divorce Proceedings in California in the First 30 Days

By John Stevens J.D.

Married couples often reconcile their differences once a divorce has been filed. To stop the divorce process within the first 30 days, the spouse who filed for divorce should inform the court there is no need to continue with the divorce process. To do so, the spouse who filed for divorce, called the petitioner, can file a request for dismissal with the court. Only the petitioner can file this form, as the other spouse cannot stop the process. However, if the other spouse has already filed his response, he must agree to stop the divorce and also sign off on the paperwork.

Married couples often reconcile their differences once a divorce has been filed. To stop the divorce process within the first 30 days, the spouse who filed for divorce should inform the court there is no need to continue with the divorce process. To do so, the spouse who filed for divorce, called the petitioner, can file a request for dismissal with the court. Only the petitioner can file this form, as the other spouse cannot stop the process. However, if the other spouse has already filed his response, he must agree to stop the divorce and also sign off on the paperwork.

Step 1

Visit the court clerk’s office in the courthouse where you filed for divorce and ask for one copy of a “Request for Dismissal” form. The form is designated by the number CIV-110 and is free of charge. This is a state form that you must use.

Divorce is never easy, but we can help. Learn More

Step 2

Fill out the requested information in the caption at the top of the form. This is the same information you included on page one of your divorce petition. Use your petition as a guide.

Step 3

Check the “Family Law” box that appears below the caption.

Step 4

Check the box next to the “Without prejudice” option located at a(2) under paragraph 1.

Step 5

Check the box next to the “Petition” option located at b(2) under paragraph 1.

Step 6

Enter the date, print your name and sign where indicated in the fields located below paragraph 2.

Step 7

Check the “PARTY WITHOUT ATTORNEY” box that appears below your printed name.

Step 8

Check the “Plaintiff/Petition” box that appears below your signed name.

Step 9

Make one photocopy of your completed form.

Step 10

Deliver the two copies of your form to the court clerk. The clerk will stamp both copies and return one to you. The returned copy is for your records. There is no fee for filing this form.

Divorce is never easy, but we can help. Learn More
How to Serve Divorce Papers in Texas

References

Resources

Related articles

How Do I Vacate a Divorce Pleading?

How to File for an Uncontested Divorce Without an Attorney in Texas

What Happens If Divorce Papers Go Unsigned?

Get Divorced Online

Related articles

How to File for a Divorce in Colorado

How to File a Divorce in the Dallas County Courts

How to Obtain a Divorce in North Carolina

Time Frame Between Divorce Agreement & Final Divorce

Browse by category
Ready to Begin? GET STARTED