How to Start an Uncontested Divorce in California

If you and your spouse agree on the major issues in your divorce — like property, finances, and custody — you may qualify for an uncontested divorce. This type of divorce can save you time, stress, and money compared to a contested case.

But even if everything is amicable, you still need to follow California’s legal process. Here are the first three steps to get started.

Step 1: Fill Out the Forms

• One spouse, known as the petitioner, completes the forms that start the divorce:
• Petition: Marriage/Domestic Partnership (FL-100) – the official request for divorce.
• Summons: Family Law (FL-110) – notifies your spouse that a divorce case has been filed.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) – if you have children under 18, this form tells the court where they’ve lived and whether other custody cases exist.
• Any local forms that your county requires. 

Make two copies of all forms before moving on.

The following counties require an additional local form: Amador, Glenn, Kern, Los Angeles, Madera, Mendocino, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Clara, Siskiyou, and Stanislaus.

Step 2: File Your Forms with the Court

You have two options:

• E-Filing: In many counties, you can upload your documents online through an approved service provider. This saves you a courthouse trip.
• In-Person Filing: If e-filing isn’t available in your county, bring the original forms and two copies to the courthouse.

Expect to pay a filing fee of $435 to $450. The court will assign a case number and return stamped copies of your documents.

Step 3: Serve Your Divorce Papers

Legally, your spouse must be notified that the case has begun. You cannot serve the papers yourself. Instead, someone over 18 who is not part of your case must complete service in one of two ways:

• Personal Service: The server hand-delivers the papers and a blank Response (FL-120) form to your spouse.
• Service by Mail: The server mails the papers along with two copies of the Notice and Acknowledgment of Receipt (FL-117) and a return envelope. Your spouse must sign and return the acknowledgment to confirm receipt.
• The server then completes a Proof of Service of Summons (FL-115), which you must file with the court.

Once these steps are done, your case is officially moving forward. Even in an uncontested divorce, it’s important to get the details right so you don’t face delays.

At Hello Divorce, we help thousands of people file correctly the first time and move through divorce with less stress and expense.

FAQs

What is an uncontested divorce in California?
It’s when both spouses agree on all major issues, so the divorce can proceed without a trial.

Do I have to e-file my divorce forms?
Not always. Some California counties require e-filing, others allow it, and a few still rely on in-person filing.

How much does it cost to file for divorce?
The filing fee is typically $435–$450, though fee waivers may be available if you qualify.

Can I serve my spouse myself?
No. Service must be done by someone over 18 who isn’t involved in your case.

Which service method is better: personal or by mail?
Personal service is faster and more straightforward. Service by mail only works if your spouse signs and returns the acknowledgment form.

Step-by-Step: Starting an Uncontested Divorce in California

Supplies:

• Divorce forms (FL-100, FL-110, FL-105 if applicable)
• Two copies of each completed form
• Filing fee payment

Tools:

• Access to your local courthouse or an e-filing provider
• A process server (friend, family, or professional)

Steps:

1. Complete the required forms. Fill out FL-100, FL-110, and FL-105 if you have children under 18.

2. Make copies. Prepare two copies of each form.

3. File your forms. Submit them either in person at the courthouse or online through e-filing. Pay the filing fee.

4. Receive your case number. The clerk (or system) will keep the originals, stamp the copies, and assign a case number.

5. Serve your spouse. Choose personal service or service by mail using someone over 18 who is not part of your case.

6. Complete proof of service. Your server fills out FL-115, which you file with the court to confirm proper service.