An uncontested divorce in California is a divorce in which both spouses agree on every issue: how to divide property and debts, whether either spouse will receive spousal support, and, if there are children, custody, visitation,n and child support. Because a judge has nothing left to decide, an uncontested divorce is usually faster, less stressful, and far less expensive than a contested case. No matter how you reach an uncontested divorce, California law still requires a waiting period of at least six months before it becomes final.

Uncontested does not mean simple, though. This guide from Wade Litigation explains the requirements, the three ways to finalize an uncontested case, realistic timelines, costs, and where couples most often go wrong. For a broader look at how our attorneys handle divorce cases, visit our California divorce page.

Key Takeaways

• A divorce is uncontested when both spouses agree on all terms and put that agreement in writing, usually as a marital settlement agreement attached to the judgment.
• At least one spouse must have lived in California for six months and in the filing county for three months before filing for divorce.
• Both spouses must exchange sworn financial disclosures, including the FL-140, FL-142, and FL-150, even when they agree on everything.
• Couples can finish an uncontested case by default with agreement, by filing a response with a written agreement, or, since January 1, 2026, by filing a joint petition.
• The divorce cannot become final until six months and one day after the respondent is served or appears in the case, or after a joint petition is filed.
• The court filing fee for a first paper is generally $435 to $450, depending on the county, and spouses with limited income can ask for a fee waiver.

What Is an Uncontested Divorce in California?

California is a no-fault divorce state. A spouse can ask for a divorce based on irreconcilable differences without proving wrongdoing, and the other spouse cannot block the divorce by refusing to agree. In an uncontested divorce, the question is not whether the marriage will end, but whether the spouses agree on how to end it.

A divorce is generally considered uncontested when the spouses agree on:

• Division of community property and community debts, such as the home, retirement accounts, vehicles, and credit cards
• Confirmation of each spouse’s separate property
• Whether spousal support will be paid, how much, and for how long
• Legal and physical custody of the children and a parenting schedule
• Child support, including add-ons such as childcare and uninsured health care costs
• Attorney’s fees, and whether a spouse will return to a former name

Some spouses agree right away. Others resolve their differences through negotiation, mediation, or a collaborative divorce, so a contested case can still end uncontested.

How Does an Uncontested Divorce Differ from a Contested Divorce?

In a contested divorce, the spouses disagree on at least one issue, so a judge decides it after hearings or a trial, often following months of discovery. In an uncontested divorce, the spouses make the decisions themselves and the judge mainly reviews and signs the judgment. Our overview of the California divorce process explains how contested cases move through the courts.

What Are the Requirements for an Uncontested Divorce in California?

Residency

Under Family Code Section 2320, at least one spouse must have lived in California for six months and in the county where the case is filed for three months before filing the petition. If you do not meet the residency rule yet, you can file for legal separation and later amend the case to request a divorce once you qualify. Our article on legal separation vs. divorce in California explains the differences.

Financial Disclosures

California requires both spouses to exchange sworn financial disclosures under Family Code Section 2104. The preliminary disclosure package includes:

• Declaration of Disclosure (FL-140), the cover form for the package
• Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160), listing everything each spouse owns and owes
• Income and Expense Declaration (FL-150), showing income, expenses, and other financial information
• Tax returns each spouse filed in the two years before serving the disclosures

Each spouse also files a Declaration Regarding Service of Declaration of Disclosure (FL-141). Preliminary disclosures are required even when spouses fully agree, while spouses can waive final disclosures in writing, commonly on form FL-144. A court can later set aside a judgment if a spouse hid assets, so full disclosure protects everyone.

A Complete Written Agreement

The agreement must resolve every issue in the case. It typically takes the form of a marital settlement agreement or a stipulated judgment that is attached to the Judgment (FL-180). If the agreement omits property, debts, or support, the court can reject the judgment and send it back for correction. When children are involved, the agreement should include a detailed parenting plan and a child support provision that meets California’s requirements for stipulated support.

What Are the Three Ways to File an Uncontested Divorce in California?

Once you agree on everything, there are three common routes. Each ends in a signed judgment, but they differ in cost, paperwork, and how involved the second spouse must be.

Default With Agreement

In a California default with agreement, the petitioner files and serves the divorce papers, and the respondent intentionally does not file a response. After at least 30 days have passed since service, the petitioner files a Request to Enter Default (FL-165), along with a Declaration for Default or Uncontested Dissolution (FL-170) and the Judgment (FL-180) with the signed agreement attached. For a default with agreement, California courts require the respondent’s signature on the agreement to be notarized. Because the respondent never files a first paper, this route saves one filing fee.

Default with agreement does not mean the respondent loses anything, because the judgment can include only the terms the spouses agreed to in writing.

Response Filed With a Written Agreement

Some respondents prefer to file a Response (FL-120) so they are formally part of the case. The spouses then submit the judgment package with their written agreement, often with an Appearance, Stipulations and Waivers (FL-130). This route costs a second filing fee.

Joint Petition (New in 2026)

Starting January 1, 2026, California allows spouses who agree, or plan to agree, on every issue to begin their case together with a Joint Petition (FL-700) and a Joint Summons (FL-710). Filing the joint petition counts as service and an appearance by both spouses, so there is no separate service step, and the six-month waiting period runs from the filing date. Each spouse pays a filing fee unless both qualify for a fee waiver.

The joint petition must list every issue the spouses intend to resolve by agreement. If any issue remains in dispute, the joint process is not available. Either spouse can later cancel the joint petition by filing a revocation notice on form FL-720 and an amended petition or response, after which the case continues as a standard contested matter. The joint petition may not be appropriate where there is a history of domestic violence or a protective order.

How to Get an Uncontested Divorce in California: Step by Step

The exact forms depend on which route you choose, but most uncontested divorces follow these steps:

1. Confirm residency and choose a route. Make sure one spouse meets the residency requirement, then choose the filing route that fits your case.
2. File the opening papers. For a standard case, the petitioner files a Petition for Dissolution of Marriage (FL-100) and Summons (FL-110). Parents also file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105).
3. Serve the other spouse. Unless you file a joint petition, you must formally serve the respondent. In an uncontested case, you often complete service by mail with a Notice and Acknowledgment of Receipt (FL-117), followed by a Proof of Service of Summons (FL-115).
4. Exchange financial disclosures. Each spouse serves the FL-140, FL-142, or FL-160; FL-150; and tax returns, and files the FL-141. Preliminary disclosures are due within 60 days of filing the petition or response.
5. Negotiate and sign the agreement. Draft a marital settlement agreement that resolves every issue, including property, debts, support, custody, and fees.
6. Submit the judgment package. File the FL-180 Judgment with the agreement attached, the FL-170 declaration, and any other forms your county requires. In many counties, no hearing is needed.
7. Wait for the judgment and the end of the waiting period. The court mails a Notice of Entry of Judgment (FL-190) once the judge signs. Marital status ends on the date stated in the judgment, which cannot be earlier than the end of the six-month waiting period.

The California Courts self-help center provides an official overview of the forms and steps. Local procedures vary, so check the rules in the county where your case is filed. Our article on filing for divorce in Santa Clara County ishowshow local practice can differ.

Where Can You Get California Divorce Forms?

You can download all Judicial Council divorce forms, including the FL-100, FL-700, and FL-180, for free as fillable PDFs from the California Courts website. Each county superior court also has a family law facilitator or self-help center that can review forms for completeness, and many courts accept divorce papers by e-filing. The time it takes a judge to sign the divorce decree varies by county, from a few weeks to several months after you submit the judgment package.

How Long Does an Uncontested Divorce Take in California?

The fastest possible timeline is six months and one day. Under Family Code Section 2339, a divorce judgment cannot become final until six months after the respondent was served or first appeared in the case, whichever comes first. For a joint petition, the clock starts on the filing date. The spouses cannot waive this period, although a court can extend it for good cause.

In reality, the total time depends on how quickly the spouses complete disclosures and the agreement, and how long the court takes to review the judgment, which can take weeks to several months. If you submit your paperwork early and it’s approved, the judge can sign the judgment before the six months are up, and your divorce takes effect when the waiting period ends. For more detail, see our article on how fast you can finalize a divorce in California.

How Much Does an Uncontested Divorce Cost in California?

When estimating your uncontested divorce cost, California court filing fees are the most predictable expense, and the rest depends on how much professional help you need. The main expenses typically include:

• Court filing fees. Each spouse who files a first paper, such as a petition, response, or joint petition, generally pays $435 to $450, depending on the county. Spouses who cannot afford the fee can apply for a fee waiver using form FW-001.
• Service costs. These are minimal when the respondent signs a Notice and Acknowledgment of Receipt.
• Notary fees. A default with agreement requires the respondent’s notarized signature on the agreement.
• Attorney fees. Some spouses hire an attorney to prepare the full judgment, while others hire an attorney only to review an agreement they negotiated themselves. Flat fee and limited scope arrangements are often available for uncontested work.
• Mediation fees. If spouses use a private mediator to reach agreement, they typically share the mediator’s fees.
• Retirement division orders. Dividing a 401(k) or pension often requires a separate order, which may involve an additional preparation fee.

A default with agreement involves one filing fee, while a response or joint petition involves two. Even with attorney involvement, an uncontested divorce usually costs a small fraction of a contested case because it avoids contested hearings, depositions, and trial preparation. Wade Litigation explains how billing and retainers work on our How Will You Be Billed page.

Is California Summary Dissolution an Option?

California summary dissolution is a simplified divorce process for short marriages with few assets. Couples file a Joint Petition for Summary Dissolution (FL-800) together; it requires less paperwork, no court hearing, and neither spouse receives spousal support. Under Family Code Section 2400, every one of these conditions must be met:

• The marriage lasted less than five years from the wedding date to the date of separation.
• The spouses have no minor children together, born or adopted, and neither spouse is pregnant.
• Neither spouse owns any real estate. A residential lease is allowed only if it ends within one year of filing and does not include an option to buy.
• Community debts incurred during the marriage total no more than $7,000, not counting car loans.
• Community property is worth less than $57,000, and each spouse’s separate property is worth less than $57,000, not counting cars.
• Both spouses waive spousal support permanently and sign an agreement dividing their property and debts.
• One spouse meets the standard residency requirement.

The dollar limits are adjusted periodically for inflation, so confirm the current figures on the FL-800 before filing. Summary dissolution has the same six-month waiting period, and either spouse can stop it during that time by filing a Notice of Revocation (FL-830).

Can a Judge Deny an Uncontested Divorce?

Because California is a no-fault state, a judge cannot refuse to end a marriage because one spouse objects. A judge can, however, reject judgment paperwork that is incomplete or legally deficient. Common reasons include missing forms, an agreement that leaves out an asset or debt, missing proof of service of disclosures, or child support terms that lack the declarations California requires before a court will approve stipulated support.

When a judge rejects a judgment, the spouses can correct the problem and resubmit, but each rejection adds weeks or months to the timeline. Judges also review custody and parenting terms with the children’s best interests in mind. Our California child custody guide explains the factors courts consider.

What Are the Disadvantages of an Uncontested Divorce?

An uncontested divorce suits many couples, but it has trade-offs:

• Less formal fact-finding. Without discovery, you rely largely on the other spouse’s disclosures. If you suspect hidden income or assets, the formal tools described in our article on divorce discovery in California may be worth using before you sign.
• Pressure to agree quickly. A spouse who wants the divorce over may accept unfair terms, such as giving up a share of a pension or waiving spousal support.

Common Misconceptions About Uncontested Divorce

“We agree, so we do not need legal help.” Agreements often fail in the details of retirement division, tax treatment, and support language, which is why many couples choose a limited-scope attorney review.

“Disclosures are optional if we trust each other.” Preliminary disclosures are mandatory in every California divorce, and skipping them leaves the agreement vulnerable.

“Uncontested means it will be done in a few weeks.” Even the smoothest uncontested divorce takes at least six months and one day to become final.

Common Mistakes Our Attorneys See in Uncontested Divorces

The family law attorneys at Wade Litigation review and prepare uncontested judgments for spouses across California, and the same avoidable problems come up repeatedly.

• Overlooking retirement accounts. Dividing a 401(k) or pension usually requires a separate court order, often called a QDRO. Missing this step can leave a spouse without the share they were promised.
• Vague custody language. Phrases such as “reasonable visitation” can lead to conflict. A detailed parenting plan with holidays, exchanges, and decision-making rules prevents misunderstandings.
• Ignoring tax consequences. Assets with equal paper values can carry very different tax costs.
• Leaving joint debts unaddressed. Your divorce agreement does not bind your creditors. If your former spouse fails to pay a joint debt, the creditor may still pursue you.
• Waiving support without understanding it. A permanent waiver of spousal support generally cannot be undone. Our guide to California alimony explains how support is calculated before you decide.
• Skipping or rushing disclosures. Incomplete disclosures can lead to a rejected judgment now or a judgment being set aside years later.

Our article on dividing property in a California divorce explains how community property rules apply.

Frequently Asked Questions

Do we have to go to court for an uncontested divorce in California?

In many California counties, you can complete an uncontested divorce without appearing in court. The court reviews the judgment paperwork and signs it if it is complete, although some counties may require a brief hearing in certain circumstances.

What is the filing fee for a divorce in California?

The filing fee for a petition, response, or joint petition is generally $435 to $450 per spouse, depending on the county. In a default with agreement, only the petitioner pays a filing fee. Spouses with limited income can ask the court to waive fees by filing a Request to Waive Court Fees (FW-001).

Can we use the same attorney for an uncontested divorce?

No. An attorney can represent only one spouse in a divorce. The other spouse can represent themselves or hire their own attorney to review the agreement. Independent review often makes the agreement stronger.

What if my spouse will not sign the divorce papers?

Your spouse does not have to sign for the divorce to move forward. If your spouse is properly served and does not respond within 30 days, you can request a default and ask the court to enter judgment. That is a true default, not a default with agreement, and the court decides the terms based on what you requested in the petition and the evidence you provide.

Can I expedite an uncontested divorce in California?

You cannot shorten the six-month statutory waiting period. You can avoid delays by serving promptly, completing disclosures early, and submitting a complete judgment package so the court can sign it before the waiting period ends. A joint petition can also save time because the waiting period begins on the filing date.

What is the easiest way to get an uncontested divorce in California?

For eligible couples, summary dissolution is the simplest process, with fewer forms and no hearing. For everyone else, a default with agreement or a joint petition is usually the most efficient route. The right path depends on your assets, debts, and children.

Can we change our agreement after the divorce is final?

Property division is generally final once the court enters the judgment. Child custody, visitation,n and child support can be modified later if circumstances change. Spousal support may be modifiable depending on the agreement’s terms, so review the support language carefully before you sign.

Talk With a California Uncontested Divorce Attorney

An uncontested divorce in California can save time, money, and stress, but only if the agreement is complete and the paperwork is done correctly. Wade Litigation was founded by Amiel Wade, who was named one of California’s Top Ten Family Law Attorneys by the National Academy of Family Law Attorneys, and the firm serves families from offices across the state, including Los Angeles, Irvine, San Diego, San Francisco, Sacramento, Los Gatos,s and Redondo Beach.

Our California divorce attorneys help spouses prepare clear settlement agreements, review mediator-negotiated agreements, choose the right filing route, and finalize judgments efficiently. Learn more about our family law services, or contact Wade Litigation today to schedule a free case evaluation.