California Summary Divorce - Revoking your Petition

If it happens that you have filed for a California Summary Divorce but later decide that you want to stop the process, you can do so. The California Superior Court provides a form for just this situation. If you choose to cancel the divorce you may file a copy of Notice of Revocation of Petition for Summary Dissolution online (follow the links in the Resource Box at the right).

Reasons for revoking your California Summary Divorce

There are three reasons you might have for wanting to stop the summary divorce:

1. You have decided to return to your spouse and continue the marriage.
2. You want to change over to the regular divorce as a better way of getting your divorce.
3. The wife discovers she is pregnant.

Why might you want to change over to the regular divorce?

You may come to believe that you will get a better settlement if you go to court than with the agreement you originally made with your spouse. (Maybe, after thinking it over, you feel you aren't receiving a fair share of the community property.)

How do I it?

Using the Notice of Revocation of Petition for Summary Divorce form, you may out all three copies of that form, sign them, and take them to the superior court clerk's office. You can do this alone. This form does not need your spouse's signature. If you do this at any time during the six-month waiting period, you will stop the divorce proceeding.

Can the divorce be stopped once the waiting period is over?

If neither you nor your spouse has yet filed a Request for Judgment, Judgment of Divorce of Marriage, and Notice of Entry of Judgment you can still revoke the divorce after the waiting period by filing the revocation form.

If you change over to a regular divorce, what happens to the part of the waiting period that has passed?

You can apply the amount of time you waited on the summary divorce to your regular divorce. For example, if four months went by before you decided to revoke the summary divorce, the waiting period for the regular divorce will be shortened by four months. However, you can save this time only if you file for a regular divorce within 90 days of revoking the summary divorce.