An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state (a) date of entry of final decree or judgment, (b) the last known address of such party, (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party.
§ 285.1.Withdrawal of attorney in domestic relations actions
Title 5. Persons Specially Invested With Ministerial Powers Relating to Courts of Justice · Chapter 1. Attorneys and Counselors at Law · Last amended 1970 · Last verified July 28, 2026
In one sentenceSection 285.1 lets an attorney of record in a California family-law case withdraw by filing a notice of withdrawal after a final judgment becomes final and before being served with further pleadings or motion papers in the case.
Full Text of § 285.1
Plain-English Summary
§ 285.1 gives family-law attorneys a narrow, self-executing way to withdraw once their work is done. It applies to dissolution, legal separation, nullity actions, and cases about the support, maintenance, or custody of minor children.
The window is specific: the attorney can withdraw any time after a judgment — other than an interlocutory judgment — becomes final, but only before being served with pleadings or motion papers in any proceeding still pending in that case. The attorney withdraws by filing a notice stating the date the judgment became final, the client’s last known address, and the fact of withdrawal. A copy goes to the client by mail and to the adverse party by service.
Frequently Asked Questions
Can a family-law attorney withdraw just by filing a notice, without a court motion?
Yes, within § 285.1’s window — after a final (non-interlocutory) judgment and before being served with further pleadings or motions in the case.
What has to be in a § 285.1 notice of withdrawal?
The date the judgment became final, the client’s last known address, and a statement that the attorney is withdrawing.
Does the client get notified when an attorney withdraws under § 285.1?
Yes. § 285.1 requires the notice to be mailed to the client’s last known address, in addition to being served on the adverse party.
Amendment History
Added Stats 1963 ch 1333 § 1. Amended Stats 1969 ch 1608 § 10, operative January 1, 1970.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 285.1 attorney withdrawal family lawwithdraw as attorney after divorce judgment californiafamily law attorney withdrawal notice