How to Get an Uncontested Divorce in California : If you and your spouse agree on the terms of your separation—such as property division, child custody, and spousal support-you can save time and money by filing for an uncontested divorce. However, the laws vary by state.
Before you file for divorce, it’s important to be aware of the California uncontested divorce procedures. This includes understanding what an uncontested divorce is and how to file one in California.
How to Get an Uncontested Divorce in California California divorce basics
It’s helpful to know some divorce keywords and what they mean in California.
- Divorce: A dissolution of marriage.
- Divorce petition: A legal document initiating the divorce process.
- Response: A written answer to the divorce petition. California’s response deadline is 30 days.
- Petitioner: The spouse filing for dissolution (that is, the one filing the petition)
- Respondent: The other spouse. In other words, the spouse receiving and responding to the petition.
Divorces are filed in the Superior Court of the county where the petitioner resides. To file for divorce in California, the petitioner must fulfill these two requirements:
- The petitioner has been a resident of California for at least six months.
- The petitioner has resided in the county where they’re filing for at least three months.
What is an uncontested divorce in California?
An uncontested divorce is a divorce process in which both spouses agree on the terms of their divorce. Conversely, it’s known as a contested divorce if spouses dispute one or more of the following issues:
- Property and debt division
- Alimony (called spousal support in California)
- Child custody
- Child support
An uncontested case is one with no dispute over any of these matters.
Uncontested divorce scenarios under California law
There are typically four ways for an uncontested divorce to be accomplished in California:
- You and your spouse agree that you both want a divorce, agree about all of the issues involved, and simply need the appropriate court forms to complete the process as quickly as possible.
- Your spouse files a response, agrees with all issues, and will sign an agreement, but is content to let you take the initiative in getting the necessary divorce paperwork prepared and filed.
- Your spouse doesn’t file a response, but is ultimately willing to sign an agreement as to all issues.
- Your spouse doesn’t file a response, and won’t participate in the process in any way. This is known as a default case.
A contested divorce can become uncontested if both parties ultimately reach an agreement. Similarly, an uncontested divorce can become contested if an unexpected dispute arises.
How an uncontested divorce works
The self-help section of the California Courts website has information about the divorce procedures, as well as necessary forms. Also, each county’s Superior Court typically offers forms, as well as assistance from a family law facilitator or self-help center.
Check the website for your county’s Superior Court for more information about all available assistance, forms, and procedures. You may also want to use LegalZoom’s Uncontested Divorce Service to help you navigate the various forms and processes involved in an uncontested divorce in California.
There are two uncontested divorce procedures in California: summary dissolution and standard dissolution.
Summary dissolution
There’s a simplified uncontested procedure called a summary dissolution, which is available if both parties agree, and if all of the following requirements are met:
- Minor children aren’t involved
- You’ve been married for five years or less
- Real estate isn’t involved
- Debts don’t exceed $6,000 (not including auto loans
- Community property doesn’t value more than $41,000 (not including cars)
- Separate property doesn’t value more than $41,000 (not including cars)
- Spousal support isn’t involved
- You have a written property division agreement
Both parties need to read the 20-page Summary Dissolution Information booklet, and waive their rights to appeal and to request a new trial. The limits for debts and property are updated periodically.
You and your spouse will need to complete and sign a Joint Petition for Summary Dissolution (Form FL-800). Then, you’ll complete the process with other forms, as outlined in the Summary Dissolution Information booklet.
Standard dissolution
If you’re not able to use the summary dissolution procedure, then the necessary paperwork used to begin a California uncontested divorce case are the Petition for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-100), and Summons (Form FL-110).
File the Petition with the court clerk, at which time you’ll receive a case file number. You must deliver a copy of the filed Petition to your spouse, along with the Summons and a blank copy of a Response and Request for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-120).
You may need to file various other divorce forms to provide an income and expense declaration, state whether or not you have minor children, and if you or your spouse will request alimony.
Except in a true case of default—where one spouse fails to respond within the 30-day time frame required by California law or fails to appear for a court hearing—you’ll need to complete and file a marital settlement agreement. This is a written agreement that outlines how you’ll divide property and debts, the custody and visitation for any minor children, and spousal support (if included).
Both parties need to sign the marital settlement agreement in the presence of a notary public. California law has specific requirements for determining child support, so you need to be sure your agreement complies with these guidelines.
Exactly how your case proceeds from this point—and which forms need to be filed—will depend upon your spouse’s level of cooperation and participation. Check the website of the California Courts, your local Superior Court, as well as your local court’s self-help center for help determining the forms needed for your situation. A family law attorney is another invaluable resource who can guide you through the specifics of your case.
Requirements for an uncontested divorce in California
We’ve briefly looked at California’s uncontested divorce requirements, but this next section provides a more detailed breakdown of the CA’s state-specific laws.
Residency requirements
Either you or your spouse must have lived in California for at least 6 months—and in your current California county for at least 3 months—to meet California’s residency requirements for filing for divorce. You can file for divorce in any county where at least one of you meets these requirements.
Agreement on the grounds for divorce
For a divorce to be uncontested, both spouses must agree on all important matters, including the grounds for divorce. This is pretty easy in California as it’s a “true” no fault divorce state, meaning you can’t claim one spouse is at fault for the end of your marriage. California offers two possible grounds for divorce:
- Irreconcilable differences: Unavoidable problems in your relationship have essentially destroyed the marriage and there’s no possibility of getting back together.
- Permanent legal incapacity to make decisions: One spouse has permanently lost the ability to make legal decisions.
It’s important to note that the second option requires testimonial proof from a competent medical or psychiatric professional. Additionally, divorce based on the latter grounds won’t relieve a spouse from any legal obligations to support the spouse who lacks legal capacity to make decisions.
Agreement on divorce terms
An uncontested divorce in California means that both spouses agree on all of the legal issues in their divorce and are willing to sign a marital settlement agreement that outlines these terms:
- Child custody and visitation. You and your child’s other parent agree on how to divide the care of your children.
- Child Support. You and your child’s other parent agree on whether or not and how to provide child support.
- Spousal support. You and your spouse agree on whether or not and how to provide long-term spousal support.
- Property division. You and your spouse agree on how you’ll divide your marital property.
California courts expect to see certain words or phrases in the marital agreement and won’t approve it if those words are missing. When creating the agreement, make sure to check your local court’s forms for the required vocabulary or ask a legal expert’s advice.
How to file for uncontested divorce in California
Several factors, such as local court requirements and whether or not your case is a default case, will affect the steps of this process. That said, below is a general guide to the steps to apply for an uncontested divorce in California.
Step 1: Consult a divorce attorney
California law doesn’t require you to have legal representation to file for divorce. However, the government does recommend it. Whether your divorce is an uncontested or contested case, law is complicated and how you fill out your divorce paperwork will impact the outcome of your case.
If you have a lot of property or debt, it’s especially wise to consider getting legal help. While it’s tempting to save money on attorney fees, not having the proper guidance could cost you more down the line.
Step 2: Resolve key issues
The first key issue is whether or not you meet the residency requirement to file in California. If at least one of you meets the requirements, sit down with your spouse to discuss the terms of your separation. An uncontested divorce is only possible if you and your spouse are on the same page about key issues.
Decide how you two will divide marital property and debts, how you’ll split child custody and financial support, and whether either spouse is entitled to alimony. If either child or spousal support is warranted, determine how much and for how long the support should last.
- How child custody will be shared
- Whether child support will be required
If you struggle to agree on these issues independently, consider discussing them with an attorney who can advise you on a suitable compromise.
Step 3: Determine the type of dissolution
Earlier we discussed the two uncontested divorce procedures in California: summary dissolution and standard dissolution. Before you can move forward with filing the proper paperwork, you need to know which forms to file.
A summary dissolution offers a simpler divorce process, but you need to meet the requirements listed above to quality. If you don’t qualify, you can still move forward with an uncontested divorce through a standard dissolution, which requires a bit more paperwork.
Step 4: Prepare forms and file the petition
If you and your spouse have been married for less than five years, qualify for, and choose to move forward with a summary dissolution, complete and sign a Joint Petition for Summary Dissolution. Otherwise, the two forms you need to file for a standard dissolution are a Petition and a Summons.
The Petition (Form FL-100) asks for basic information about your marriage and whether or not you want the court to make orders on things like spousal support and property. The Summons (Form FL-110) tells your spouse that you’ve started a court case and gives them 30 days to respond.
If you and your spouse have minor children together, you’ll also need to fill out a Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) that tells the court where your children were born, where they live, and if they’re involved in any other court cases.
The filing fees are $435–$450 no matter what type of dissolution you and your spouse chose to file. Before you move on, check with your local court’s website or ask your attorney if there are any other forms you need to file with your country.
Step 5: Serve the spouse
First, you need a third person—called a server—to serve divorce papers to your spouse on your behalf. Your server must meet the following requirements:
- They’re an adult (18 or over)
- They’re not involved in your case
Then, your server must complete a Proof of Service of Summons (Form FL-115) and file it with the court to prove they delivered the papers. It’s wise to make a copy of the Proof of Service form and keep it for your records.
