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.
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.
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.
Check the “Family Law” box that appears below the caption.
Check the box next to the “Without prejudice” option located at a(2) under paragraph 1.
Check the box next to the “Petition” option located at b(2) under paragraph 1.
Enter the date, print your name and sign where indicated in the fields located below paragraph 2.
Check the “PARTY WITHOUT ATTORNEY” box that appears below your printed name.
Check the “Plaintiff/Petition” box that appears below your signed name.
Make one photocopy of your completed form.
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.
If you dismiss your case and then later decide to file for divorce again, you will have to prepare a new petition and pay the filing fee again.
- California Civil Procedure Before Trial; Continuing Education of the Bar
- California Courts: Filing for Divorce or Legal Separation FAQs