Is It Possible for a Judge to Dismiss a Divorce Case in California?

Divorce can be a complicated and emotionally challenging process. In California, understanding the circumstances under which a judge can dismiss a divorce case is important for anyone going through or considering divorce. Here, we’ll guide you through the key points about divorce case dismissals in California.

Reasons a Judge Might Dismiss a Divorce Case in California

In short, yes—a judge can dismiss a divorce case in California. There are a few different reasons why this may occur, which we’ll explore now. 

Voluntary Dismissal of a Divorce Case in California

One of the most common reasons a judge might dismiss a divorce case is if both parties decide to reconcile and no longer wish to proceed with the divorce. In such instances, the spouse who filed for divorce (the petitioner) can file a request for dismissal. If both parties agree, the judge can approve the dismissal without much complication.

Lack of Jurisdiction

For a divorce case to move forward in California, the court must have jurisdiction. This requires that at least one spouse has resided in California for a minimum of six months and in the county where the divorce is filed for at least three months. If these residency conditions are not satisfied, the judge may dismiss the case due to a lack of jurisdiction.

Failure to Serve Papers

After filing for divorce, the petitioner must serve divorce papers to the other spouse (the respondent). If the petitioner fails to serve the papers within a specified timeframe, the judge may dismiss the case. Proper service of papers is a crucial step in the divorce process to ensure that both parties are informed and can participate in the proceedings.

Situations Where a Judge is Unlikely to Dismiss a Divorce Case

While a divorce case may be dismissed in the above scenarios, there are many situations where dismissing the divorce is not a likely outcome. Here are some examples of those. 

Contested Divorces

In situations where one spouse desires a divorce while the other does not, it is unlikely that the judge will dismiss the case. California follows a “no-fault” divorce policy, allowing either spouse to initiate divorce proceedings without needing to demonstrate any misconduct by the other. If one spouse is determined to proceed, the judge typically permits the case to move forward.

Pending Legal Issues

If there are ongoing legal issues such as child custody, property division, or spousal support, the judge is also less likely to dismiss the case. These matters need to be resolved before the divorce can be finalized, and the judge will usually proceed with the case to address these issues, even if one party requests a dismissal.

How to Request a Dismissal and When to Seek Advice 

If you and your spouse decide to reconcile or if you want to dismiss the case for any other reason, you can file a Request for Dismissal (Form CIV-110). This form must be completed and submitted to the court. If both parties agree to the dismissal, the process is generally straightforward.

If you need to request a dismissal, it’s essential to follow the correct legal procedures and ensure that all necessary paperwork is filed. Our experienced team of family law attorneys at Lonich Patton Ehrlich Policastri can help you every step of the way, and will always strive to represent your best interests. 

Contact us today to schedule your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.