On April 6, 2026, Linda Reese Mathis filed a request to dismiss her divorce petition against Judge Greg Mathis in Los Angeles County Superior Court, and the clerk entered the dismissal the following day, formally ending a 20-month proceeding and preserving the couple's 39-year marriage. The dismissal was entered without prejudice, meaning Linda retains the statutory right to refile under Cal. Fam. Code § 2335.7 at any time.
Key Facts
| Detail | Information |
|---|---|
| What happened | Linda Reese Mathis dismissed her divorce petition against Judge Greg Mathis |
| When | Filed April 6, 2026; clerk-entered April 7, 2026 |
| Where | Los Angeles County Superior Court, California |
| Who's affected | Linda Reese Mathis and Judge Greg Mathis (married 39 years in 2026) |
| Key statute | Cal. Code Civ. Proc. § 581 (dismissal of actions) |
| Type of dismissal | Without prejudice — refiling permitted |
| Case duration | Approximately 20 months from August 2024 filing to April 2026 dismissal |
| Impact | Marriage legally preserved; no judgment of dissolution entered |
Why This Matters Legally
The Mathis dismissal demonstrates that California divorces remain legally reversible until a final judgment is entered. Under Cal. Code Civ. Proc. § 581(b)(1), a plaintiff — or in family law cases, the petitioner — may dismiss their action at any time before a judgment is entered, provided certain conditions are met. Because no judgment of dissolution was entered in the Mathis case during the 20 months it was pending, Linda retained the unilateral power to request dismissal.
This news illustrates a critical legal principle: filing for divorce does not end a marriage. Only a signed judgment of dissolution terminates marital status under California law. Until that judgment is entered and the mandatory six-month waiting period under Cal. Fam. Code § 2339 has elapsed, the parties remain legally married with all associated rights and obligations — community property acquisition, spousal inheritance rights, and the duty of mutual financial disclosure.
The "without prejudice" designation is equally significant. A dismissal without prejudice preserves the petitioner's right to refile the same action later, while a dismissal with prejudice would bar future filings on the same claim. For family law, this distinction is largely procedural since the cause of action (irreconcilable differences) can always recur, but it signals that Linda is not foreclosing future options.
How California Law Handles Divorce Dismissals
California courts permit divorce dismissals under a specific statutory framework. The controlling authority is Cal. Code Civ. Proc. § 581, which governs voluntary dismissals in all civil actions, including dissolution proceedings. California Rules of Court Rule 3.1390 requires the dismissal to be filed on Judicial Council form CIV-110, which Linda Mathis filed on April 6, 2026.
Under Cal. Fam. Code § 2024.6 and related provisions, a petitioner may dismiss before a responsive pleading is filed, without needing the other spouse's consent. Once the respondent files a response, however, both parties must sign the dismissal request. Because Judge Mathis had filed his response months earlier, public court records indicate the dismissal required — or at least did not oppose — his signature.
California is a no-fault divorce state under Cal. Fam. Code § 2310, which lists irreconcilable differences and permanent legal incapacity as the only two grounds for dissolution. Linda's original August 2024 petition cited irreconcilable differences — the ground used in approximately 99% of California divorce filings, according to California Judicial Council data from 2024.
Reconciliation during divorce proceedings is specifically contemplated by California law. Cal. Fam. Code § 2334 permits a court to continue a divorce proceeding for up to 30 days if there appears to be a "reasonable possibility of reconciliation," and Cal. Fam. Code § 1830 authorizes conciliation courts to facilitate marriage counseling. Los Angeles County Superior Court operates a conciliation services division that handled approximately 1,200 reconciliation referrals in fiscal year 2024-2025.
Practical Takeaways for California Spouses
California spouses considering dismissing a pending divorce should understand the following legal realities:
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Dismissal does not automatically restore pre-filing financial arrangements. Any temporary orders — for spousal support, child custody, or property control — terminate upon dismissal under Cal. Fam. Code § 2040.
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Automatic Temporary Restraining Orders (ATROs) under Cal. Fam. Code § 2040 also dissolve upon dismissal, releasing both parties from the prohibition on transferring community property or changing insurance beneficiaries.
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Filing fees paid at the start of the case (currently $435 in California as of 2026) are non-refundable under California Government Code § 70611, regardless of whether the case proceeds to judgment.
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If reconciliation fails later and a party refiles, the six-month waiting period under Cal. Fam. Code § 2339 restarts from the new filing date.
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Assets acquired during any reconciliation period are presumed community property under Cal. Fam. Code § 760, unless a postnuptial agreement specifies otherwise.
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Consider a postnuptial agreement during reconciliation. Cal. Fam. Code § 1500 permits spouses to contractually modify their property rights while married, which can provide structure and clarity if the couple wants to preserve some independence.
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Document the reconciliation date. If the marriage later ends, the reconciliation period can affect the calculation of the marital community estate and the determination of the separation date under Cal. Fam. Code § 70.
Frequently Asked Questions
Can either spouse dismiss a California divorce alone?
Only the petitioner can unilaterally dismiss before the respondent files a response. Once the respondent files a response under Cal. Fam. Code § 2020, both parties must sign the Judicial Council form CIV-110 for dismissal. If the respondent refuses, the petitioner can still request dismissal but the court has discretion to deny it.
What happens to property acquired during a dismissed divorce?
Property acquired during the 20-month pendency of the Mathis case remained community property under Cal. Fam. Code § 760, subject to the Automatic Temporary Restraining Orders. Once the case is dismissed, any such property retains its community character, and the spouses resume normal acquisition rules as if no divorce had been filed.
Does California have a waiting period after divorce dismissal to refile?
No. There is no statutory waiting period between dismissal and refiling a new divorce petition in California. However, the mandatory six-month cooling-off period under Cal. Fam. Code § 2339 restarts from the date of any new filing, meaning a refiled divorce cannot become final until at least six months after service.
How much does it cost to dismiss a divorce in California?
Filing a request for dismissal on form CIV-110 in California costs nothing — there is no court fee for dismissal. However, the original $435 filing fee and any respondent's $435 response fee paid at case initiation are non-refundable under California Government Code § 70611, even if the case is dismissed within days.
Can a dismissed California divorce be reopened?
No. Once dismissed without prejudice, the original case number is closed. A party wishing to proceed with divorce must file a new petition, pay a new $435 filing fee, serve the other spouse again, and restart the six-month waiting period under Cal. Fam. Code § 2339. Any temporary orders from the dismissed case do not carry over.
If You're Considering Dismissing Your Divorce
If you filed for divorce in California and are reconsidering, speak with a California family law attorney before filing dismissal paperwork. The legal and financial consequences — for temporary orders, property characterization, and future litigation leverage — depend heavily on your specific circumstances.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.