How to Stop Divorce Proceedings in California in the First 30 Days

Divorce proceedings in California can be revoked in certain circumstances.

If a divorcing husband and wife rekindle the flames of marriage and decide they no longer want the divorce, in the state of California, a form is available to revoke the proceedings. As long as the revocation is done within a 60-day grace period, most revocations of the divorce petition are granted. Only the party filing for divorce may file revocation paperwork. Once you file, revoking a divorce petition is a fairly quick process.

Things You'll Need

• Notice of Revocation of Petition for Divorce form

Instructions

Revoking a divorce in California

1. Divorce is no-fault. This means that either party can file without the permission of the other. Only the party that files for divorce can stop a divorce. If the other party wants to continue, nothing can be done to stop proceedings.

2. Verify the chronology of divorce. Most counties in California allow a 60-day grace period where revocation can occur. Check the chronology of the county you filed in. If this time line has passed, proceedings cannot be stopped.

3. Obtain a Notice of Revocation of Petition for Divorce form. This can be found at the county superior clerk's office. There is no fee associated with obtaining the form.

4. Return three copies of the completed Notice of Revocation to the superior clerk's office. The form only requires the signature of the party filing the request. No fee is associated with filing the paperwork. Parties are notified by mail of revocation.

Tips & Warnings

• Ensure that revoking the divorce petition is desired; once the proceedings are revoked, if the parties decide to divorce again, they must pay all filing fees again.

References

• Revoking your Petition