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Stopping or canceling a divorce in Georgia: how to dismiss your case

Updated November 14, 2026 · General information about Georgia law, not legal advice ·

If you've filed for divorce in Georgia and changed your mind, for example because you've reconciled, want to try counseling first, or need to refile in a different county, you can usually stop the case by filing a voluntary dismissal with the clerk.

Whether you can do that on your own depends on timing. The spouse who filed can dismiss without the judge before the 60th day after the other spouse serves an answer, or at any time with a dismissal signed by every spouse who has appeared in the case. After the 60 days, without both signatures, the judge has to approve it.¹

The 60-day rule doesn't affect how soon a divorce can be final; it only matters while the case is still open. Once the final decree is entered, the divorce is over and can't be dismissed.

Which way applies to you

It depends on where the case is:¹

Your spouse hasn't served an answer yet: the spouse who filed can dismiss on their own.
An answer was served less than 60 days ago: the spouse who filed can still dismiss on their own.
An answer was served 60 or more days ago: both spouses need to sign the dismissal, or the judge has to approve it.
The final decree has been entered: the divorce is final, and there's no case left to dismiss.

Dismissing the case yourself

The spouse who filed (the plaintiff) can dismiss without asking the judge in two ways:

By filing a written notice of dismissal before the 60th day after the other spouse serves an answer. This law was changed effective April 21, 2025, so older articles may describe a different deadline.
At any time, by filing a dismissal signed by every party who has appeared in the case, usually both spouses.

Some courts post a form. Fulton's Family Division, for example, has a voluntary dismissal packet with a cover sheet, instructions and the form. Ask the clerk how your court wants it filed, and keep a stamped copy.

When the judge has to approve it

Outside those two situations, the spouse who filed can dismiss only with the judge's order, on terms the judge considers proper.¹

If the other spouse filed a counterclaim before being served with your request to dismiss, the case can't be dismissed over their objection unless the counterclaim can stay pending for the court to decide on its own. In practice, if your spouse has counterclaimed for divorce, they may be able to keep the case going even if you want to stop.¹

If you both want to stop and your spouse filed a counterclaim, make sure the dismissal covers the counterclaim too. The same dismissal rules apply to a counterclaim, and dismissing only the original complaint can leave the counterclaim pending.¹

If you're the spouse who was served

Only the spouse who filed can dismiss their divorce complaint. If you were served and want to stop the divorce, you can ask your spouse to dismiss it, or both of you can sign a dismissal together. If you filed your own counterclaim, you can dismiss it under the same rules.¹

If your spouse won't stop, you can't force them to. On the no-fault ground, the marriage is irretrievably broken when either spouse is unable or refuses to live with the other and there's no real prospect of reconciliation. If you believe there's a real chance to reconcile, you can say so under oath, and a jury can be asked to decide that question. But one spouse's hope for reconciliation usually isn't enough when the other refuses to live together and testifies that the marriage is broken.^{2, 3}

Grounds for divorce in Georgia

What a dismissal does and doesn't do

A first voluntary dismissal is without prejudice, so either spouse can file a new divorce later. A dismissal the judge orders is also without prejudice unless the order says otherwise.¹
If the spouse who dismisses had already dismissed an earlier case based on the same claim, a second dismissal by notice or by signed agreement counts as a decision on the merits, which can stop that claim from being filed again. If you've dismissed a divorce before, talk to a lawyer before you dismiss again.¹
The spouse who dismissed must first pay the court costs of the dismissed case before filing again against the same spouse on the same claim.¹

Before you dismiss

If you're trying to reconcile but aren't sure, talk to a lawyer about your options before you dismiss. Dismissing ends the case, and starting again usually means a new filing fee and new service of papers.

If there has been violence or threats, ask a lawyer how dismissing the divorce would affect any protective order or temporary orders before you dismiss.

Protective orders in Georgia

If you're getting back together

An agreement you sign while reconciling can matter if either of you files again. In one Georgia case, the couple signed a reconciliation agreement after the wife dismissed her divorce; when she filed again, the court enforced it on property and alimony. The court still decided custody and child support itself.⁴

Postnuptial and reconciliation agreements in Georgia

After the final decree

Once the final judgment and decree of divorce is entered, the divorce is final and the case can't be dismissed. If you think something went wrong with the decree, talk to a lawyer right away.

Questions you might ask a lawyer

Can I still dismiss without the judge, or has the 60-day window passed?
My spouse filed a counterclaim. Can they keep the case going if I dismiss?
Does an earlier dismissal I filed change what happens if I dismiss now?
Does anything we signed during the case still apply if we dismiss?

Common questions

Can I cancel my divorce in Georgia after filing?

Usually, if you're the spouse who filed and the divorce isn't final yet. Whether you need your spouse's signature or the judge's approval depends on timing. Ask the clerk whether your court has a dismissal form; Fulton's Family Division posts one.¹

Can my spouse stop the divorce if I want to keep it going?

Not always. Once the judge's approval is needed, if you filed a counterclaim for divorce before being served with your spouse's request to dismiss, the judge can't dismiss the case over your objection unless your counterclaim can go forward on its own. If your spouse is still within the 60-day window, ask a lawyer how that affects your counterclaim.¹

If we dismiss, can we file again later?

Yes. A first voluntary dismissal is without prejudice. The spouse who dismissed must first pay the court costs of the dismissed case before filing again on the same claim.¹

Sources

Laws and court rules change. If something here looks out of date, email help@divorce.city.