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Guide to Uncontested Divorce in California

December 23, 2025

Uncontested / Simple Divorce in California: A Plain-English Guide (Superior Court + Required Forms)

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in California can be the most practical path. In California, divorce is officially called a dissolution of marriage, and your case is handled in the Superior Court of California in the county where you file.

“Uncontested” usually means you both agree on the major issues (property and debt, support, and, if you have children, custody/parenting time and child support), and you present the court with complete paperwork so a judge can sign a judgment without a trial.

Important: PlainDivorce is not a law firm. This guide is legal information only, not legal advice. Rules, local procedures, forms, and fees change. Always confirm requirements with the California Courts Self-Help Guide and your local Superior Court before filing.

Table of Contents

uncontested divorce in California

1. What Is an Uncontested or Simple Divorce in California?

California divorce is legally called a dissolution of marriage. A case is commonly “uncontested” when the court does not have to resolve disputes because you have reached agreement on the big issues and your paperwork is complete.

In California, “uncontested” can show up in a few common real-world paths:

  • Default with Agreement: One spouse files and serves the case. The other spouse does not file a Response, but you both submit a written agreement for the judge to base final orders on. This can be a popular cost-saving approach because the Respondent may avoid paying the Response filing fee.
  • Uncontested appearance case: The Respondent files a Response and you finish by submitting a complete settlement and judgment packet.
  • Summary Dissolution: A separate simplified procedure for couples who meet strict requirements (not available to everyone).

Important California reality check: even if you agree on everything, California still requires certain steps (especially financial disclosures) and still has a minimum 6-month waiting period before your marital status can end.

2. Who Qualifies for an Uncontested Divorce in California?

Residency requirements

For a divorce (dissolution) in California, you generally need:

  • 6 months living in California (by either spouse), and
  • 3 months living in the county where you file.

If you do not meet the timing yet, some people look at legal separation first (which follows a similar process but does not end marital status).

Grounds for divorce

California is a no-fault state for most divorces. The common ground is irreconcilable differences (the marriage cannot be saved).

When a case is a good fit for “uncontested”

Your case is usually a good candidate when you can agree on:

  • How to divide property and debts (community vs. separate property issues)
  • Spousal support (if any)
  • If you have children: custody/parenting time and child support

DIY may be risky if there is domestic violence/coercion, hidden assets, complex finances (businesses, multiple properties, major retirement accounts), or serious disagreement about children. In those cases, even limited-scope legal advice can be a smart safety step.

3. Step-by-Step Overview (Key FL Forms + Deadlines)

Exact packets vary by county, but the California Superior Court workflow usually follows the same structure. Below are the California-specific entities people actually see on the paperwork, including a few “hard stop” items that commonly cause rejections.

Step 1 – Start the case with the right FL petition

The case is commonly opened by filing the Petition (FL-100) in the Superior Court of California in your county. Most cases also include the Summons (FL-110). If you have minor children, you typically file the Declaration Under UCCJEA (FL-105/GC-120) as part of the starting packet.

Step 2 – Serve your spouse (and consider the uncontested-friendly mail option)

After filing, the Petition and Summons must be properly served. Service date matters because it helps start the 6-month waiting period clock for when your divorce can become final.

Uncontested pro tip: In cooperative cases, one common way to avoid paying a process server is service by mail using Notice and Acknowledgment of Receipt (FL-117). The other spouse signs the acknowledgment to confirm receipt. If it is not completed correctly, service may not count, so follow the instructions carefully.

Step 3 – Choose your uncontested path: Default with Agreement vs. Respondent files a Response

This is one of the biggest money-saving distinctions in California:

  • Default with Agreement: The Respondent does not file a Response, but you both submit a written agreement for final orders.
  • Uncontested appearance: The Respondent files a Response (and typically pays the Response fee), then you finalize with a full judgment packet.

Why this matters: filing a Response typically involves a fee, so Default with Agreement can reduce total court fees in many cooperative cases (when it is appropriate and both spouses still cooperate).

Step 4 – Complete the mandatory financial disclosures (and avoid the FL-144 rejection)

California is strict about disclosures. You will hear this as the Preliminary Declaration of Disclosure (PDD). Even if you agree on everything, you generally still must complete and exchange the preliminary disclosure package, which commonly includes:

  • Declaration of Disclosure (FL-140)
  • Income and Expense Declaration (FL-150)
  • Schedule of Assets and Debts (FL-142) (or, in some situations, a Property Declaration)

Also, you usually do not file the full financial documents with the court. You exchange them with your spouse and then file proof that you did (often using FL-141).

The “double disclosure” trap: In addition to preliminary disclosures, California also has a Final Declaration of Disclosure requirement unless it is handled properly. In many uncontested cases, spouses agree to waive the final disclosure to reduce paperwork, but the waiver must be done correctly using Stipulation and Waiver of Final Declaration of Disclosure (FL-144). If FL-144 is missing when you are trying to waive final disclosure, your judgment packet may be rejected as incomplete.

Step 5 – Prepare and submit the final judgment packet (FL-170 is the bridge)

To finish, you submit the final paperwork that tells the judge exactly what orders you want. The core judgment form is commonly Judgment (FL-180), but many DIY cases get stuck because they miss the “bridge” checklist form:

  • Declaration for Default or Uncontested Dissolution (FL-170) – this functions like a required checklist that tells the clerk and judge your file is ready to review.

Your final packet may also include:

  • Your written settlement agreement (often called a Marital Settlement Agreement), submitted in the format your county requires
  • Notice of Entry of Judgment (FL-190) (commonly used for the clerk to serve notice once judgment is entered)
  • FL-144 if you are waiving the Final Declaration of Disclosure
  • Any child support and custody forms required by your county when children are involved

Mailing hard stop (often county-specific): Many courts require two large pre-addressed, stamped envelopes (one addressed to you, one to your spouse) so the clerk can mail the filed Notice of Entry of Judgment (FL-190) and related documents. Some courts will reject the stack if the envelopes are missing. Always check your county’s judgment checklist.

Retirement warning: If either spouse has a pension or retirement plan (including public pensions), you may need additional steps beyond the standard judgment language to actually divide it. Some plans require special procedures, and the court may require extra documents so the plan can be bound by the orders. Consider at least a short consultation if retirement division is part of your settlement.

Step 6 – Watch the clock: the California 6-month waiting period

California has a built-in minimum timeline. The earliest your marital status can end is generally 6 months from the date the Respondent was served (or otherwise made a first appearance in the case). Even if your paperwork is perfect, California does not end marital status sooner than that.

Step 7 – Final proof of divorce

Once the judge signs your judgment and it is entered, you can typically request certified copies from the Superior Court clerk for name changes, benefits, retirement processing, and record-keeping.

4. Special Issues When You Have Children

When minor children are involved, the court pays closer attention to custody/parenting time and child support. Even in a cooperative case, your paperwork generally needs to be detailed and consistent with California requirements.

Parenting plan and custody

Your agreements typically cover legal custody (decision-making), physical custody/time-share schedule, holidays, transportation/exchanges, communication, and how you will resolve future disagreements.

Child support

California child support is guideline-based and tied to income and time-share inputs. Even when you agree, the court often expects a complete support picture and disclosures to support the numbers.

5. How Long Does an Uncontested Divorce Take in California?

California has a built-in minimum timeline: at least 6 months from service (or appearance) before your divorce can be final as to marital status.

In practice, many cases take longer than six months because you still have to serve properly, exchange the required financial disclosures, and submit a correct final judgment packet the court will accept.

6. What Does an Uncontested Divorce Cost?

Costs vary by county and situation, but the common buckets are:

  • Court filing fee (first paper): often several hundred dollars to start a dissolution case (always check your county’s current fee schedule).
  • Response fee (if Respondent files a Response): often another several hundred dollars.
  • Service of process: process server/sheriff costs (if you do not use an approved acknowledgment method like FL-117).
  • Copies, notary, mailing: smaller administrative costs (including envelope and postage requirements in some counties).
  • Optional help: mediation, document preparers, limited-scope attorney review, or a self-help kit.

If you cannot afford the fees, California has a fee waiver process in many situations (based on income or benefits).

7. When a DIY Divorce Might Not Be Right

A DIY divorce can be cost-effective, but it is not a good fit if there is abuse/coercion, serious financial dishonesty, complex assets, major disputes about children, or high-stakes immigration/tax/bankruptcy concerns. In those situations, consider legal advice before signing anything.

8. Where a Self-Help Divorce Kit Fits

California’s public resources are strong, but many people still get stuck on the real workflow: how FL-100 starts the case, how Default with Agreement works, how to stay on track with the disclosure requirements, and how to assemble a clean final packet (including items like FL-170 and FL-144) that the Superior Court will accept.

A well-designed kit can help you stay organized with checklists, timelines, and plain-English guidance, without replacing legal advice.

Download Our California Uncontested Divorce Self-Help Kit

9. Final Thoughts and Next Steps

If you want the cleanest uncontested path in California, the must-hit targets are:

  • Confirm residency and the correct filing county (Superior Court)
  • File the right starting papers (commonly Petition FL-100 and Summons FL-110)
  • Serve properly and track the 6-month waiting period
  • Complete the mandatory preliminary financial disclosures (PDD)
  • If waiving final disclosure, include FL-144 so your judgment packet is not rejected
  • Submit a complete final judgment packet, including FL-170, and follow your county’s envelope and mailing checklist
  • Get help if retirement division is involved, so your judgment is actually enforceable with the plan

Reminder: PlainDivorce is not a law firm and cannot give legal advice. Always verify current forms, fees, and county procedures with the California Courts Self-Help Guide and your local Superior Court before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.