What Happens If I Want to Cancel or Back Out of My Divorce in California? 2024

If you’ve wondered: “What happens if I want to cancel or back out of my divorce in California?”, the answer depends on your unique situation but it may not be as difficult as it would seem. Be sure to consult with a divorce lawyer at All American Law with any legal questions you have about starting or dismissing a divorce.

What to Consider When Dismissing Your Divorce

There are various reasons why a person or a couple may go back on their initial decision to legally separate or dissolve their marriage. Some may determine the timing isn’t right or the situation isn’t ideal for them. Other times, the spouses resolve their differences or want to try to make things work.

Whatever your circumstances may be, it’s crucial that you discuss the matter with your spouse and that you both feel confident that you want to cancel the divorce filing. When considering canceling your divorce, know that by doing so, you are:

• Forfeiting your start date: There is a six-month waiting period to finalize a divorce. By backing out of a divorce filing, you would have to start over if you want to go through the process later on.
• Losing your initial filing fee: It costs money to file a Petition for Dissolution, and dismissing your petition does not mean you will get the money back.
• Potentially affecting future divorce proceedings: If there’s effectively no end date for your marriage, you and your partner will continue to incur shared community property and debts. This may cause confusion down the line if you later decide to file for divorce.

Steps to Cancel a Marriage Dissolution in California

Marriage dissolution, or divorce, is initiated with a Petition for Dissolution that can be stopped with a Request for Dismissal (CIV-110). The petitioning party would be the one to file for this, and it’s not necessary for the other spouse to agree unless they’ve already responded to the Petition. In that case, both spouses would need to sign off on the Request form. It’s also required that a Notice of Entry of Dismissal (CIV-120) be filed in tandem.

This request asks the court for a dismissal without prejudice, allowing you to potentially file for divorce in the future. The responding spouse must be served papers for the court’s judgment on the dismissal. If there was a failure to serve the respondent spouse with marriage dissolution papers after multiple years, the divorce case may also be dismissed this way.

However, the court will likely inquire about the status of the divorce before this point. A divorce can also be dismissed if there have been no developments in the case after enough time has passed. A Failure to Prosecute is sufficient grounds to dismiss a case if the spouses do not move forward with divorce proceedings even after the respondent has officially filed their response to the divorce petition. This may occur after five years have passed or after the court’s inquiry.

Canceling a Summary Dissolution or Finalized Divorce

A summary dissolution is a streamlined divorce process for qualifying couples, usually when the marital estate is small, and the marriage lasts under a certain number of years. To stop this process, either party must file a Notice of Revocation of Joint Petition for Summary Dissolution (FL-830) after enough time has passed after the initial divorce filing.

You cannot reverse or cancel a divorce decree that is already finalized unless there’s valid proof there was a fundamental or procedural error during the proceedings. You can file an appeal of the divorce decree in this case. If you wish to modify or contest an aspect of the divorce judgment, you can file a motion to modify a specific term or court order.

FAQs

Q: What Happens If You Change Your Mind About Divorce?

A: If you change your mind about the decision to get a divorce, there are various legal options available to you in order to dismiss or withdraw the case. There are several reasons why someone may wish to cancel the divorce process, such as opting for a legal separation instead, spouses reconciling, bad timing, etc. If you or your partner are considering dismissing the petition for marriage dissolution, consider making sure that both of you are on the same page.

Q: Does My Partner Need to Agree in Order to Dismiss a Divorce?

A: Whether partners need to agree on dismissing a divorce depends on how far the case has progressed. If the spouse who filed for a marriage dissolution changes their mind before the respondent party has a chance to file a response, they don’t need their spouse’s approval to file a Request for Dismissal. However, if the spouse served with the divorce papers has already responded, both parties must be in agreement and sign off on the dismissal request filing.

Q: How Do I Withdraw My Divorce Case in California?

A: To withdraw a divorce petition in California, you and/or your spouse must file a Request for Dismissal (CIV-110) form in addition to a Notice of Entry of Dismissal (CIV-120) form. Be sure to indicate you would like the dismissal to be without prejudice if there’s a chance you may wish to file for divorce or separation in the future. After you receive a response from the court, you must serve your spouse with the paperwork.

Q: Can I Change a Finalized Divorce Judgment in California?

A: If a California divorce agreement has been decreed and thus the case is already finalized, you may be able to change the judgment. Keep in mind that once a divorce judgment has been submitted, you cannot undo it. Your legal choices include filing an appeal for the entire divorce decree or requesting a modification for a specific aspect of the agreement. An appeal may be granted if there was a provable, procedural error in the proceedings.

Adept Divorce and Family Law Attorney for You

At All American Law, our family law attorneys are prepared to help you with all divorce proceedings and any related legal needs that may arise. Reach out to us today to schedule a meeting.