Question: I filed a Petition for Dissolution of Marriage in San Diego (Petition for Divorce), but my spouse and I worked our issues out and reconciled. Can I stop my divorce process?
Answer: Yes, you can.
The Petitioner may request to dismiss a case if the Respondent has filed no Response.
If the Respondent has already filed his/her Response then the case can be dismissed but only with the signatures of both Parties.
Steps you need to take:
1. Fill out a Request for Dismissal (form CIV-110). Obtain Respondent’s signature if it is required.
2. Go to the courthouse, where the Petition for Dissolution of Marriage was filed, and file your Request for Dismissal at the business office. You have to have 1 original form plus 2 copies. You can also mail these forms to the court.
3. After the Request for Dismissal (form CIV-110) has been processed and you received a conformed copy back from the Court you need to serve one copy of the Request for Dismissal on the Respondent.
4. A person, who is 18 years old or older and not a party to this case, has to serve the Respondent either by mail or in person with a conformed copy of the Request for Dismissal and a copy of the completed but unfiled Notice of Entry of Dismissal and Proof of Service (form CIV-120). You cannot serve these forms on the Respondent even though you reconciled.
Forms can be found here:
https://www.courts.ca.gov/documents/civ110.pdf
https://www.courts.ca.gov/documents/civ120.pdf
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