California Uncontested Divorce: Requirements, Process, and Costs

An uncontested divorce is the simplest and most affordable way to end a marriage in California. It means you and your spouse agree on all the major terms — property division, custody, support — without needing a judge to decide for you.

What Makes a Divorce "Uncontested"?

A California divorce is considered uncontested when:

• Both spouses agree on how to divide property and debts
• Both spouses agree on child custody and visitation (if applicable)
• Both spouses agree on child support and spousal support (if applicable)
• The respondent (non-filing spouse) either files a Response (FL-120) agreeing to the terms, or does not respond at all

If you disagree on even one major issue, the divorce may become contested, which typically requires mediation, negotiation, or a court hearing to resolve.

Eligibility Requirements

To file for an uncontested divorce in California, you must meet these requirements:

• Residency: At least one spouse has lived in California for 6 months and in the filing county for 3 months
• Grounds: California is a no-fault state — you only need to state "irreconcilable differences" as the reason for divorce
• Agreement: You and your spouse agree on all terms, or your spouse does not contest the filing

There is no minimum separation period required before filing in California.

Note: If your marriage was short (under 5 years) with no children and limited property, you may qualify for a summary dissolution — an even simpler process.

The Uncontested Divorce Process

1. File the Petition

The petitioner (person filing) submits the Petition (FL-100) and Summons (FL-110) to the Superior Court in their county. The filing fee is $435. Find your county court information for specific filing locations and procedures.

2. Serve Your Spouse

Your spouse must be formally served with the divorce papers. They cannot simply be handed to them by you — a third party over age 18, a process server, or the sheriff's office must deliver them.

Alternatively, if your spouse is cooperative, they can sign a Notice and Acknowledgment of Receipt (FL-117), confirming they received the papers voluntarily. This saves the cost of a process server ($50–$150).

3. Spouse Responds (or Doesn't)

Your spouse has 30 days to file a Response (FL-120). In an uncontested divorce, one of two things happens:

• They file a response agreeing to the terms — this is called a "true default with agreement" or a joint petition scenario
• They don't respond — after 30 days, you can proceed by default (see our default divorce guide)

4. Exchange Financial Disclosures

Both spouses must exchange Preliminary Declarations of Disclosure, regardless of whether the divorce is contested or uncontested. This includes:

• Declaration of Disclosure (FL-140)
• Income and Expense Declaration (FL-150)
• Schedule of Assets and Debts (FL-142)

This step is required by California Family Code §2104 and cannot be skipped. The petitioner must serve disclosures within 60 days of filing the Petition, and the respondent within 60 days of filing their Response.

5. Prepare and File the Judgment

Once disclosures are exchanged and the terms are agreed upon, you prepare and submit the Judgment (FL-180) along with a Marital Settlement Agreement (if applicable) to the court.

6. Wait for the Mandatory Period

California requires a 6-month waiting period from the date the respondent was served. The court cannot finalize your divorce before this period ends, even if everything else is complete.

7. Judgment is Entered

The judge reviews your paperwork. If everything is in order, they sign the judgment. You'll receive a Notice of Entry of Judgment (FL-190), and your divorce is final.

Common Mistakes That Turn an Uncontested Divorce Into a Contested One

Even when both spouses start out agreeing, several issues can derail the process:

Not Discussing the Details Early Enough

Agreeing in principle that "we'll split everything fairly" isn't the same as agreeing on the specifics. Common flash points include:

• Who keeps the house — and how to handle the mortgage, equity buyout, or sale
• Retirement accounts — dividing 401(k)s and pensions requires a QDRO, which adds complexity
• Spousal support amount and duration — especially in marriages over 10 years
• Custody schedule — parents often agree on "shared custody" without working out the actual week-to-week schedule

The fix: Have specific, written conversations about each issue before filing. MutualFile's collaborative interview helps both spouses work through these decisions together.

Incomplete Financial Disclosures

One spouse submitting vague or incomplete financial disclosures can create suspicion and conflict. If your spouse thinks you're hiding assets, trust breaks down and what was uncontested becomes contested.

The fix: Be thorough and transparent with your FL-142 (Schedule of Assets and Debts) and FL-150 (Income and Expense Declaration). Full disclosure actually protects you — a judgment can be set aside later if a court finds you concealed assets.

Letting Outside Advice Derail Agreement

Well-meaning friends, family, or online forums sometimes convince one spouse they're "leaving money on the table." This can re-open issues that were already settled.

The fix: Focus on what works for your family, not what worked for someone else's divorce.

Waiting Too Long to File

Circumstances change. A job loss, new relationship, or move to a different state can complicate what would have been a straightforward uncontested divorce.

The fix: If you and your spouse agree on terms, start the process sooner rather than later.

Property Division in an Uncontested Divorce

California is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50. In an uncontested divorce, you and your spouse can agree to divide things differently — the court will generally approve any reasonable agreement.

The Family Home

The biggest asset for most couples. You typically have three options:

1. Sell the home and split the proceeds
2. One spouse keeps the home and buys out the other's equity (usually requiring a refinance)
3. Deferred sale — one spouse stays in the home temporarily (common when children are involved)

For more detail, see our guide to dividing the family home in a California divorce.

Retirement Accounts

Dividing 401(k)s, pensions, and other retirement accounts requires a Qualified Domestic Relations Order (QDRO). This is a separate court order that instructs the retirement plan administrator to transfer funds. QDROs cost $500–$1,500 per account to prepare.

Bank Accounts and Investments

Cash accounts are typically the easiest assets to divide. You and your spouse agree on how to split balances, then transfer funds accordingly after the judgment is entered.

Debts

Community debts (credit cards, mortgages, car loans taken on during the marriage) are divided just like assets. Make sure your agreement specifies who is responsible for each debt — and remember that creditors aren't bound by your divorce agreement, so refinancing joint debts into one spouse's name is the safest approach.

Children in an Uncontested Divorce

If you have minor children, your uncontested divorce must include a parenting plan that covers:

• Legal custody — who makes major decisions about the children's health, education, and welfare
• Physical custody — where the children live and the visitation schedule
• Child support — calculated using California's guideline formula based on income and time-share

California courts prioritize the best interests of the child. As long as your agreement meets this standard, the court will generally approve it without modification.

You'll also need to file FL-105 (Declaration Under UCCJEA) if you have minor children, which tells the court about the children's residency history.

Some counties require parents to attend a parenting class before the divorce is finalized. Check your county's requirements.

How Much Does an Uncontested Divorce Cost?

| Expense | Cost | |---------|------| | Court filing fee (petitioner) | $435 | | Response filing fee (respondent) | $435 (waived if no response filed) | | Process server (if needed) | $50–$150 | | Online filing service (optional) | $199–$500 | | Fee waiver (if eligible) | $0 |

For most couples, an uncontested divorce handled through an online service costs between $585 and $1,100 total, including court fees. This is significantly less than hiring attorneys, which can cost $3,000–$10,000 or more even for uncontested cases. See our full California divorce cost breakdown for more details.

Uncontested vs. Contested: Key Differences

| | Uncontested | Contested | |---|---|---| | Agreement on terms | Yes | No | | Court hearings required | Usually none | Yes | | Timeline | 6 months (minimum) | 6 months to 2+ years | | Cost | $500–$1,100 | $5,000–$30,000+ | | Attorney required | No | Recommended |

Filing in Your County

Court filing fees are the same statewide, but procedures and processing times vary. Find your county's specific information:

• Los Angeles County
• San Diego County
• Orange County
• Santa Clara County
• San Francisco County

Browse all 58 California counties →

How MutualFile Helps

MutualFile is designed specifically for uncontested divorces in California. We guide you through a simple interview, generate your court forms, and e-file them directly with the court — starting at $199. Both spouses can collaborate on the platform to reach agreement on all terms.

Start your uncontested divorce for free →

This article is for informational purposes only and does not constitute legal advice. If you have questions about your specific situation, consult a licensed attorney.