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.

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.

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.

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

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
Does My Husband Need My Permission to Cancel the Divorce?



Related articles

Can the Respondent Finalize a Divorce if the Petitioner Won't Sign?

Sometimes a spouse files for divorce only to find out that the process is not going exactly the way she anticipated. She might realize that a court isn’t likely to grant her everything she asked for in her petition, or that you won’t agree to everything she wants in a marital settlement agreement. However, once the proceedings are under way, there’s only so much she can do to stall them. This is true even if she was the one who filed for divorce first.

Do-it-Yourself Divorce Documents for Michigan

Like other states, Michigan allows divorcing couples to file their own paperwork with the court without the assistance of an attorney. This is a particularly helpful option if you and your spouse still get along enough to agree on the major terms of your divorce such as property division and child custody arrangements. While you can draft your own documents, an online legal document provider can help make this process easier for you and your spouse.

What if My Wife Defaults in a Divorce in California?

It takes two to tango, but only one to divorce in California. A spouse properly served with divorce papers cannot prevent the dissolution of the marriage by refusing to respond. In fact, your spouse's failure to file a responsive pleading allows you to file for a judgment based on your papers only, termed a default judgment. You must use the appropriate forms and follow the mandated procedures to request a default divorce.

Get Divorced Online

Related articles

How to File for a Divorce in Colorado

Divorcing in Colorado is a relatively straightforward process. The rules are clear-cut and the courts are helpful in ...

The Motion to Dismiss in Florida Family Law

Just because you file for a divorce doesn't mean that you have to go through with it. If you and your spouse decide to ...

The Inability to Serve Divorce Papers in Texas

It's frustrating when the respondent in a lawsuit is dodging process, especially in a divorce case. Ordinarily, a ...

How to Restart the Divorce Process in Michigan With Kids

You can either pause or stop your divorce action in Michigan if you change your mind about moving forward. If you ...

Browse by category
Ready to Begin? GET STARTED