Before you start
If you change your mind, you'll have to start all over again
Once you dismiss the case, if you later decide you want to get divorced or legally separated, you'll have to start all over. You will have to pay the filing fee again or get a fee waiver.
You may need your spouse (or domestic partner) to agree to dismiss the case
If you started the case and your spouse never filed a response, you can dismiss the case without them signing anything. But, if your spouse filed a response, they'll have to sign saying they agree to dismiss the case.
If your spouse started the case and wants to dismiss it, they can follow the instructions on this page.
How to dismiss your divorce case
Fill out two forms
Fill out Request for Dismissal (form CIV-110) and Notice of Entry of Dismissal (form CIV-120)
For the Request for Dismissal:
- Check the box for “without prejudice.” This means one of you can file for divorce or legal separation later if you want.
- Check the box for “Entire action of all parties and causes of action” if you want the entire divorce case to be dismissed.
- If your spouse or domestic partner responded to your petition, they must sign #3 saying they agree to the dismissal.
For the Notice of Entry of Dismissal:
To stop a Summary Dissolution before it becomes final, you file a Notice of Revocation of Petition for Summary Dissolution (form FL-830) with the court. This notice cancels cancels the summary dissolution case. If you or your spouse still wants to get divorced, you can file for a regular divorce.
- Fill out everything above the Proof of Service section
- Set it aside. You will need it for Step 4.
Make 2 copies of the forms.
File your form
Take the original and copies of the Request for Dismissal to the court clerk where your divorce or legal separation case was filed.
The clerk will keep the original, and give the copies back to you, stamped. One copy is for you. The other copy will be for your spouse.Yes, you can file by mail. Mail the original and 2 copies to the clerk. You need to include a self-addressed, stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed stamped envelope with the correct amount of postage you will have to go to the courthouse to pick up your copies.
Some courts allow online filing. You can find out if your court has online filing by visiting your court’s website.
Serve your spouse and file Form CIV-120
Have someone 18 or older, not you, mail your spouse a copy of the Notice of Entry of Judgment with the filed Request for Dismissal attached.
Then, the person who mailed the dismissal, your server, must fill out the Proof of Service section of Notice of Entry of Dismissal and Proof of Service (form CIV-120) and return it to you.
Make one copy and file the original Proof of Service with the court. The clerk will return the copy to you, signed and filed. Keep the copy for your records.
You're done. Your case is dismissed. If you later decide you do want a divorce or legal separation, you will need to file a new case.