Uncontested Divorce in California
Quick answer
An uncontested divorce in California requires both spouses to reach full agreement on property, debt, support, and (if applicable) custody before filing. The case can proceed on paperwork alone, with no court hearing required. The mandatory six-month waiting period applies regardless, so even the smoothest uncontested case takes at least six months to finalize. If you and your spouse are not fully aligned on every issue, read our guide on contested divorce in California to understand your options.
What is an uncontested divorce in California?
An uncontested divorce is one where both spouses agree on every issue that has to be resolved before a marriage can legally end. That includes how marital property and debts are divided, whether either spouse will pay or receive spousal support, and (if children are involved) custody, visitation timeshares, and child support. When full agreement exists, there is nothing for a judge to decide, so the case is processed on paperwork alone.
This is different from a contested divorce, where one or more issues remain unresolved and a judge must intervene. Contested cases are more expensive, take longer, and generally involve attorneys and multiple court hearings. If you are unsure whether your situation qualifies as uncontested, the section below will help you sort that out.
California is a no-fault state. Citing irreconcilable differences is sufficient to file, and your spouse cannot legally block the divorce from moving forward by refusing to agree that the marriage is over. What they can dispute, however, is the terms of the settlement. As long as both spouses agree on those terms, the process stays uncontested.
Who qualifies for an uncontested divorce in California?
To file for divorce in California, at least one spouse must have lived in California for the past six months and in the filing county for at least three months. Beyond residency, the practical requirement for an uncontested divorce is simple: both spouses must be willing and able to reach full agreement on every term of the settlement before filing for final judgment.
An uncontested divorce is not appropriate in every situation. If your marriage involves domestic violence or abuse, working directly with your spouse to negotiate a settlement can be dangerous. In those situations, you will need a different approach, and an attorney can help protect your interests.
Could you qualify for a summary dissolution?
If you have been married fewer than five years, have no children, own no real estate, and have limited shared assets and debts, you may qualify for a summary dissolution. This is a simplified version of the uncontested process that involves less paperwork. See the full comparison of ways to end your marriage in California to see if this applies to you.
Quick comparison: uncontested vs. contested divorce
| Factor | Uncontested | Contested |
|---|---|---|
| Spouses agree on all terms | Yes | No (on at least one issue) |
| Court hearing typically required | No | Yes |
| Typical timeline | 6 to 8 months | 12 to 36+ months |
| Typical total cost | $435 to ~$5,500 | $15,500 to $26,000+ |
| Attorney required | Not required | Strongly recommended |
For a deeper look at the contested path, see our full guide: contested divorce in California: process, timelines, and costs.
The 8-step uncontested divorce process in California
These steps must be completed in order. Skipping any one of them will add time to your case.
File the petition
One spouse (the petitioner) completes and files the Petition for Dissolution (FL-100) and the Summons (FL-110). If you have children under 18, you will also file the UCCJEA declaration (FL-105). Pay the filing fee of $435 to $450 at the courthouse in your county, or request a fee waiver using form FW-100 if you qualify.
Serve your spouse
An adult who is not a party to the case must deliver the filed paperwork to your spouse. Once served, your spouse has 30 days to file a Response (FL-120). In many uncontested cases, both spouses move forward cooperatively by filing a written acknowledgment of service rather than going through formal personal service.
Wait for the response (or proceed by default)
If your spouse files a Response, the case proceeds as a two-party filing. If your spouse does not respond within 30 days, you may request a default. Learn more about how that process works in our guide to divorce by default in California.
Exchange financial disclosures
Both spouses are required by state law to exchange preliminary financial disclosures, which include an Income and Expense Declaration (FL-150), a Schedule of Assets and Debts (FL-142), and a Declaration of Disclosure (FL-140). This step is mandatory even in fully cooperative uncontested cases. Failing to complete it can result in your judgment being rejected.
Draft your marital settlement agreement
This written agreement documents every term of your divorce: how assets and debts are divided, support amounts, parenting plans, and any other agreed provisions. Both spouses must sign it. The marital settlement agreement becomes part of your final judgment and is legally enforceable once the court approves it.
Wait out the six-month period
California law requires a six-month waiting period before any divorce can be finalized. The clock starts on the date your spouse is served (for a standard FL-100 filing), or on the joint filing date if you are using the newer Joint Petition process (Form FL-700) introduced under SB 1427. This waiting period cannot be waived under any circumstances. You can complete paperwork and negotiate during this time.
Submit the final judgment package
Once the waiting period has elapsed, file your final judgment forms: the Declaration for Default or Uncontested Dissolution (FL-170), the Judgment (FL-180), and your signed marital settlement agreement. A judge reviews the package. No hearing is required for uncontested cases.
Receive your Notice of Entry of Judgment
The court mails both parties a Notice of Entry of Judgment (FL-190). Your divorce is final as of the date stamped on that notice. Keep this document in a safe place.
Ready to file? Let us handle the paperwork.
Hello Divorce prepares every California form you need for an uncontested divorce, guided by a team founded by a Certified Family Law Specialist.
How much does an uncontested divorce cost in California?
The court filing fee is $435 to $450. For a couple who agrees on everything, handles their own paperwork, and qualifies for no fee waiver, that filing fee can be the only out-of-pocket cost. In practice, most people also pay for some form of document preparation or professional support, which can bring total costs to somewhere between $1,500 and $5,500 for a straightforward uncontested case.
Compare that to the cost of a contested divorce. Research consistently shows that cases involving even one disputed issue settled before trial average $6,500 to $8,000 per person. Cases that go to trial on two or more issues can cost $21,000 to $26,000 per person or more. The difference is substantial, and it is the single strongest argument for investing the effort to reach agreement before filing.
What drives cost in an uncontested case
- Court filing fee: $435 to $450 per spouse who files
- Document preparation service (if you use one): $150 to $499 depending on complexity
- Mediation (if needed to finalize terms): $1,500 to $4,000 for a few sessions
- Attorney review of settlement agreement (optional but wise if significant assets are involved): $500 to $2,000
- QDRO preparation if a retirement account is being divided: $500 to $1,500
If you are not sure whether your situation will stay uncontested, see our detailed breakdown of California divorce costs by case type.
How long does an uncontested divorce take in California?
The floor is six months and one day from the date your spouse is served (or from the joint filing date if using the FL-700 Joint Petition). That waiting period is set by state law and cannot be shortened. In reality, most uncontested cases take six to eight months when accounting for the time needed to prepare and file final judgment paperwork.
Factors that extend the timeline even in uncontested cases include court backlogs in your county, delays in exchanging financial disclosures, and any errors or missing forms in your judgment package that require a resubmission.
For context, a contested divorce in California takes an average of 12 to 16 months for cases that settle before trial, and 18 months or more for cases that go all the way to a judge's ruling. That is roughly double the uncontested timeline, with substantially higher costs. See the full picture in our guide to contested divorce in California.
Uncontested vs. contested: which path applies to your situation?
Many people begin the divorce process believing they will have an uncontested case, and find out partway through that disagreements make a contested path necessary. The two routes are not mutually exclusive: you can start as uncontested and convert if issues arise, or you can start in a contested posture and resolve your disputes through mediation to finish uncontested.
Use the questions below as a quick self-assessment.
You are likely in an uncontested position if:
- Both spouses agree the marriage should end.
- You have reached or can reach agreement on property division, debts, and support.
- If children are involved, you can agree on custody, visitation, and child support.
- There is no history of domestic violence or financial abuse that would make direct negotiation unsafe.
Consider a different path if:
- One spouse refuses to participate or respond to the filing.
- You cannot agree on even one significant issue (custody, the family home, a business, retirement accounts).
- You suspect a spouse is hiding assets or misrepresenting finances.
- There is a protective order or a documented history of abuse.
In these situations, read our complete guide to contested divorce in California for a full breakdown of what to expect.
If you are on the fence, Hello Divorce mediation services can help both spouses work through disputed issues and get back to an uncontested track at a fraction of litigation costs.
Frequently asked questions
Can we file for an uncontested divorce if we have children?
Yes. The uncontested process works for families with children. You and your spouse must agree on legal custody, physical custody, the parenting timeshare schedule, and child support. If you cannot reach agreement on any of those issues, the case becomes contested and a judge will need to decide. California courts apply a best-interest-of-the-child standard to any parenting arrangement a judge is asked to evaluate.
What happens if my spouse changes their mind midway through?
If your spouse withdraws their agreement on one or more issues after filing begins, the case can convert to a contested divorce. This does not start the process over, but it does mean a judge will need to resolve the disputed issues before a final judgment can be entered. This is one reason many couples use mediation to lock in agreement before or during the filing process.
Do I need a lawyer for an uncontested divorce in California?
You are not required to hire an attorney for an uncontested divorce. Many people complete the process without one. That said, it is worth having an attorney review your marital settlement agreement before you sign if you have significant assets, a retirement account, real estate, or children. A one-time attorney review is far less expensive than discovering an error after the judgment is entered. Hello Divorce offers on-demand attorney access at flat hourly rates with no retainer.
Can I speed up the six-month waiting period?
No. The six-month waiting period is set by state law and cannot be waived, shortened, or worked around regardless of how cooperative both spouses are. The clock starts on the date your spouse is served (for a standard filing) or on the joint filing date if you use the FL-700 Joint Petition process introduced under SB 1427. You can and should complete all paperwork and negotiations during this period so you are ready to submit your final judgment package as soon as the waiting period ends.
What is the difference between an uncontested divorce and a summary dissolution?
Both are cooperative, paperwork-based processes, but a summary dissolution is a simplified version available only to couples who meet strict eligibility criteria: married less than five years, no children, no real estate ownership, and limited combined assets and debts. An uncontested divorce is available to any couple that can reach full agreement, regardless of the length of the marriage, assets, or whether children are involved. Summary dissolution involves fewer forms and a simpler process, but far fewer couples qualify.
How does an uncontested divorce differ from a contested one?
The core difference is whether a judge is needed to resolve disputes. In an uncontested case, both spouses agree on all terms, so the court simply reviews and approves the paperwork. In a contested divorce, at least one issue cannot be resolved between the spouses, and the court must schedule hearings and potentially a trial to reach a resolution. Contested cases cost significantly more and take considerably longer. See our full guide to contested divorce in California for everything you need to know about that path.
California court self-help resources
The following official California court resources provide free access to forms, instructions, and county-specific filing information.
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References & further reading
Sources cited in this article and recommended for further reading.
- 1. California Courts Self-Help. "Divorce in California" — Official statewide self-help guide to the divorce process, forms, and county resources. Judicial Branch of California, 2025. Accessed March 2026.
- 2. Judicial Branch of California. "Joint Petition for Summary Dissolution (FL-700)" — Official court self-help page on the SB 1427 Joint Petition process effective January 1, 2026. California Courts, 2025. Accessed March 2026.
- 3. Lawyers.com / Martindale-Nolo. "Divorce in California: How Much Does It Cost? How Long Does It Take?" — Survey-based analysis of California divorce costs and timelines by contested status. Martindale-Nolo, January 2024. Accessed March 2026.
- 4. Hello Divorce. "Contested divorce in California: process, timelines, and costs" — Full guide to what happens when spouses cannot agree, including the hearing process, typical costs, and how to move from contested to uncontested. hellodivorce.com. Accessed March 2026.
- 5. Hello Divorce. "Divorce in California: complete guide" — Statewide overview of the California divorce process, residency rules, waiting period, and filing options including the FL-700 Joint Petition. hellodivorce.com. Accessed March 2026.
