Sean Penn is no longer divorcing wife Robyn Wright Penn.

The 'Milk' actor - who filed for separation from Robyn last month, after 13 years of marriage - asked California's Marin County Superior Court to dismiss the case yesterday (21.05.09).

Sean said: "It was an arrogant mistake."

A spokeswoman for Robyn, 43 - who was given 30 days to take action following Sean's April 24 filing but had yet to respond - is yet to give a comment.

Sean had asked for joint physical and legal custody of his children with the actress - daughter Dylan, 18 and son, Hopper, 15 - and had requested Robyn not be given spousal support.

Friends of the couple claim the 48-year-old actor decided to end his marriage after an argument, but has since realised he acted in haste.

One pal told the New York Daily News newspaper: "They love each other like crazy but they fight like crazy. They may have gotten into a fight where she said she wanted a divorce and he filed just to beat her to the punch, even though he doesn't want a divorce.

"That doesn't mean they're suddenly happy and in love. It's anyone's guess where this is going."

This is not the first time the couple have announced they are divorcing only to change their minds.

Penn first filed for divorce in December 2007, but his petition was dismissed. Three days later Wright Penn filed her own paperwork.

However, in April 2008, they requested to have their divorce petition dismissed as they wanted to give their relationship another try.