Filing for divorce is rarely a snap decision, yet feelings and circumstances often shift in the weeks and months after the paperwork reaches the courthouse. If you have already opened a divorce in California and now want to stop it, understanding what the process requires can help you prepare what you need.
Legal grounds for a voluntary dismissal
California law provides a mechanism to voluntarily dismiss a pending civil action, including a divorce, before the case goes to trial. You can file the dismissal with or without prejudice, and each option has its own pros and cons.
A dismissal “without prejudice” closes the current case but preserves your right to file a new petition later. On the other hand, the court views a dismissal “with prejudice” as a final resolution and could limit your ability to refile on the same grounds.
For most people looking to call off a divorce, filing without prejudice is the more common choice. California uses a no-fault divorce system, which means you can allege irreconcilable differences in any future petition regardless of prior case history.
Critical timing for a divorce cancellation
The stage of your case determines how simple or complex the dismissal process will be. If you filed the petition for dissolution and your spouse has not yet submitted a formal response, you retain the right to dismiss the case on your own without their agreement.
That dynamic shifts once your spouse files a response. At that point, both parties must consent to the dismissal and your spouse will need to sign a document form before a judge will accept it.
California imposes a mandatory six-month waiting period on all divorce cases, measured from the date of service on the petition. If you dismiss your case and later decide to refile, that clock resets entirely. Any time already spent waiting in the original case does not carry over.
It is also important to note that dismissing your case terminates any temporary court orders issued during the proceedings. Orders for spousal support, child custody, or automatic temporary restraining orders end immediately once the court processes the request.
Essential steps for a court filing
The process requires two forms from the California Judicial Council: a Request for Dismissal (Form CIV-110) and a Notice of Entry of Dismissal (Form CIV-120). On the CIV-110, you would select “without prejudice” and indicate that you are requesting dismissal of the entire action for all parties and causes of action.
If your spouse has filed a response to the original petition, they must also sign the CIV-110 before you submit it to the court. You would then file the form with the court clerk, either by e-filing if required by your local court, or by bringing the original and two copies to the courthouse.
After the court processes the request, someone other than you must serve your spouse with a copy of both the CIV-110 and CIV-120 . That person then completes the proof of service section on the CIV-120, which is filed with the court as the final step.
