Can I Pause or Stop a California Divorce After Filing? What Happens If We Reconcile?
Yes, you absolutely can stop your California divorce after filing. Whether you’ve had a change of heart, started marriage counseling, or simply realized you want to try again, California law gives you options to pause or dismiss your divorce case entirely.
You’re not locked into divorce just because paperwork was filed. Courts in Orange County don’t force people to end their marriages. You control the process, and stopping it is more common than you might think.
If you and your spouse are reconciling or want to pause the divorce, take action before your case moves forward. The exact steps depend on how far along your case is, but time matters.
At RM Law Group, LLP, our Irvine divorce lawyers help couples navigate reconciliation scenarios every week. Our attorneys understand that divorce isn’t always the right path, and we can guide you through dismissing or pausing your case properly. Call us now at 888-765-2902.
How to Stop a California Divorce Before It’s Final
California divorce cases move through specific stages. Where you are in the process determines how you stop or pause it.
Filing a Request for Dismissal
If your divorce hasn’t been finalized yet, either spouse can file a Request for Dismissal (Form FL-170 in California family court) depending on what stage of the process you are in. This document tells the court you want to end the divorce case.
Both spouses will need to agree the Respondent filed a Response to the Petition for Dissolution of Marriage. if you’re the petitioner (the person who originally filed) and no Response has been filed, then you can generally Request a Dismissal without the other spouse’s consent. The court will close your case once the dismissal is filed and processed. No divorce decree will be entered, and legally, you remain married.
What Happens During California’s Six-Month Waiting Period
California requires a mandatory six-month waiting period from the date your spouse was served with divorce papers before your divorce can be finalized. This waiting period exists partly to give couples time to reconsider.
During these six months, you can absolutely reconcile. You can:
- Continue living together
- Attend marriage counseling
- Work on your relationship
- Dismiss the case entirely
The waiting period doesn’t force you forward. It just sets the earliest possible date for finalizing a divorce.
Can You Pause a Divorce Without Dismissing It?
Yes, but “pausing” isn’t a formal legal status. What people usually mean by pausing is delaying court dates or not moving forward with paperwork while they work on reconciliation.
You can request to continue (postpone) court hearings. However, your case will remain open on the court’s docket. If you truly want to reconcile long-term, dismissing the case sends a clearer message and eliminates the legal proceedings hanging over your relationship.
Some couples choose to leave the case open while attending counseling. This gives them a safety net if reconciliation doesn’t work. There’s no right or wrong approach, just what works for your situation.
What If the Divorce Is Already Final?
If the court has already entered a Judgment of Dissolution, your marriage is legally over. At that point, you can’t “undo” the divorce.
However, you can remarry your former spouse. There’s no waiting period in California to remarry the same person. Many couples who divorce and later reconcile choose to remarry, sometimes with a prenuptial agreement or different financial arrangements.
If you reconciled before the judgment was entered, but the court processed the final paperwork anyway, you may be able to file a motion to set aside the judgment under limited circumstances. This requires showing the court you took action to stop the divorce before it was finalized.
Financial Considerations When Stopping a Divorce
You won’t get your filing fees back if you dismiss your case. The court keeps those fees for processing your initial paperwork.
If you’ve paid attorney fees or other costs, those also aren’t refundable. However, stopping your divorce early usually costs far less than completing the entire process.
Consider these financial factors:
- Any temporary orders about support or property remain in effect until officially dissolved
- Debts incurred during the divorce process (like attorney fees) don’t disappear with dismissal
- You may need to file additional paperwork to cancel temporary custody or support orders
Why People Reconcile After Filing
Divorce filing often serves as a wake-up call. The reality of actually ending a marriage can clarify feelings and motivate change. Common reasons couples reconcile include:
- Successfully completing marriage counseling
- Resolving the specific issue that led to the filing
- Realizing the grass isn’t greener
- Children’s reactions to the separation
- Financial concerns about divorce costs
- Religious or cultural considerations
These are all valid reasons to reconsider. Divorce is a major life decision, and changing your mind shows thoughtfulness, not weakness.
Contact Our Irvine Divorce Lawyers Today
Whether you want to dismiss your divorce, pause proceedings, or explore your options, an experienced family law attorney can help you understand the specific requirements in your county.
RM Law Group, LLP serves families throughout Southern California from our office in Irvine. We handle reconciliation dismissals, help cancel temporary orders, and guide couples through the emotional and legal aspects of changing course mid-divorce. Reach us at 888-765-2902 to discuss your situation confidentially.
California law respects your right to make decisions about your marriage. If reconciliation is what you want, the legal system won’t stand in your way. We can help.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
