Uncontested Divorce in California

In California, there are generally two types of divorce: contested and uncontested. A divorce is contested when the spouses can't resolve one or more major issues—such as property division, spousal support, or child custody—so a judge decides the issues for them after formal legal procedures like discovery (evidence gathering), negotiation, and sometimes a trial. Because of these additional steps and potential court hearings, a contested divorce often takes a long time and can be very costly and emotionally draining.

In contrast, in an uncontested divorce, the spouses agree on all of the issues required to end their marriage, so there's no need for a judge to hold a trial. An uncontested divorce is usually faster and less expensive than a contested divorce, and spouses can sometimes represent themselves, using a DIY option such as an online divorce service.

California Uncontested Divorce Requirements

• Residency. At least one spouse must have lived in California for at least six months and in the county where you plan to file for at least three months before filing the divorce petition.
• Agreement on all major issues. You must agree on how to divide property and debts, whether either spouse will pay or receive support, and (if you have children) child custody and child support.
• Financial disclosures. Both spouses must complete and exchange mandatory financial disclosure forms that detail income, assets, expenses, and debts.
• Six-month waiting period. No matter which type of uncontested divorce procedure you pursue, you'll have to wait the mandatory six-month period before your divorce becomes final.

Types of Uncontested Divorce in California

California offers three different procedures for an uncontested divorce. All three require both spouses to agree on all major issues, but they differ in eligibility requirements and filing procedures.

Summary Dissolution: California's Simplified Divorce

Summary dissolution is the simplest and fastest option, but you must meet strict requirements to qualify, including:

• you've been married for five years or less
• you have no children together
• neither spouse owns real estate
• you have limited community property and debt
• you have limited separate property
• both spouses waive spousal support (alimony), and
• you have a signed agreement that divides all of your property and debt.

With summary dissolution, both spouses file together using a Joint Petition for Summary Dissolution form (FL-182), so there's no need to serve papers on the other spouse and pay separate filing fees.

(Cal. Fam. Code §§ 2400-2406 (2026).)

Joint Petition for Dissolution: New Uncontested Divorce Process as of 2026

As of January 1, 2026, California laws significantly expanded access to a streamlined uncontested divorce process through Senate Bill 1427, which allows couples to file a joint petition for dissolution. Unlike summary dissolution, which has strict requirements that rule out most California couples, the joint petition is available to all couples who agree on all divorce terms, regardless of how long they've been married, how much property they own, or whether they have children.

With a joint petition, both spouses sign and file together as joint petitioners, using a Joint Petition—Marriage or Domestic Partnership form (FL-700). This eliminates the need for one spouse to serve the other, and they pay a single filing fee. One limitation of the joint petition process is that you can't request temporary orders. If you need a judge to weigh in on issues like support and custody while your divorce is pending, you must revoke the joint process and convert the case to a regular divorce.

One limitation of the joint petition process is that you can't request temporary orders from the court, which are quick decisions on issues like child custody that are valid

(Cal. Fam. Code §§ 2330(c), 2331(b), 2342.5 (2026).)

General Dissolution: Standard Uncontested Divorce Process

If you don't qualify for a summary dissolution or prefer not to use a joint petition, you can file for a regular uncontested dissolution (divorce). This procedure works for any couple who agrees on all divorce terms, no matter the complexity of their circumstances.

With a general dissolution, one spouse (the petitioner) files the divorce petition and has the other spouse (the respondent) formally served with papers. The respondent can then either file a response or allow the case to proceed by default. As long as both spouses have agreed on a written settlement agreement covering all issues, including property, debts, support, and custody, the judge will likely approve the agreement without a trial.

(Cal. Fam. Code §§ 2310, 2320, 2336, 2339, (2026).)

Last updated January 13, 2026

How to Create a Marital Settlement Agreement in California

You and your spouse must create a written settlement agreement that deals with all of the issues in your divorce, including:

• the division of your community property and debts
• alimony, and
• child custody and child support.

The agreement is a legally binding contract that becomes a court order once a judge signs it, so it's important that you understand and agree to all of its terms before signing.

You have several options for drafting your agreement. You can work together to write your own using a template or sample agreement, use an online divorce service that will walk you through the steps and generate the paperwork, or hire a divorce mediator or divorce lawyer. Even if you plan to handle your divorce without a lawyer, it's a good idea to have your own lawyer review the agreement before you sign it, especially if you are dividing complex assets, waiving rights, or agreeing to long-term financial obligations.

How Long Does an Uncontested Divorce Take in California?

All divorces in California are subject to a mandatory six-month waiting period, which means the earliest your divorce can be finalized is six months after the divorce petition is served in a standard dissolution or six months after a joint petition is filed. This waiting period applies to every type of uncontested and contested divorce and can't be waived.

The actual timeline of an uncontested divorce depends on many factors, including:

• how quickly you reach an agreement
• which type of uncontested divorce you use (summary and joint petition cases tend to be a little faster), and
• court processing time (some counties have backlogs that can add weeks or months to the process).

To avoid delays, make sure all forms are completed accurately and filed on time.

Do You Need a Lawyer for an Uncontested Divorce?

You don't have to hire a lawyer in an uncontested divorce in California, and many people successfully represent themselves. This approach, called "pro se divorce," can save thousands of dollars in legal fees.

If you choose to represent yourself, you can prepare all the paperwork yourself using the extensive self-help resources available through the California Courts, including your local family law facilitator. You can use an online divorce service that guides you through the process and prepares your documents for a fraction of the cost of hiring an attorney.

But you might want to consult with a divorce lawyer if you:

• own complex assets like business, stock options, or real estate
• you have significant retirement accounts that need to be divided
• you have children
• you have questions about alimony, or
• you have questions about whether your agreement is fair.

For more detailed information regarding filing fees, residency requirements, financial disclosures, and waiting periods, check out: How Do I File for Divorce in California.