Last Updated on June 4, 2026
You and your spouse have already had the hard conversations. You have talked about what comes next, who keeps what, and how to handle things if children are involved. Now you need the legal process to catch up with the decision you have already made.
Most divorces in California resolve as uncontested cases, according to statewide data compiled by family law researchers. But knowing you agree is not the same as knowing how to get it done. California still requires full financial disclosures, properly prepared documents, and a mandatory six-month waiting period before your divorce can be finalized.
This guide walks you through the process so you know exactly what to expect, what to prepare, and where things tend to go wrong.
What this guide covers:
- How the process works for an uncontested divorce in California
- The three filing paths available in 2026, including the new joint petition under SB 1427
- What financial disclosures you need and why they cause the most delays
- How property, child support, and custody are handled
- What preparation looks like before you file
What Makes Your Divorce Uncontested
An uncontested divorce in California means you and your spouse don’t dispute the major issues. By the time you submit your final judgment packet, you must have reached an agreement on how to divide property and debts, whether either of you will pay or receive support, and, if you have children, custody and child support.
California is a no-fault state. You do not need to prove wrongdoing. Your petition states “irreconcilable differences” as the reason for dissolution.
Agreement is not enough on its own. You both must complete mandatory financial disclosures, put your terms in a judgment packet, and submit everything to the court. A judge reviews the paperwork to confirm disclosures were exchanged and that your agreement meets legal standards before signing off on the judgment.
Three Ways to File for Divorce When You Agree
California offers three filing paths when both spouses are in agreement. Each requires resolution of all issues, but eligibility and procedures differ.
Summary Dissolution
Summary dissolution is the fastest option, but most couples do not qualify. You must have been married five years or less, have no children, own no real property, and hold limited community assets and debts. Both spouses must waive spousal support. You file together using Form FL-800.
Joint Petition Under SB 1427
Senate Bill 1427 created a new filing path effective January 1, 2026. If you and your spouse agree on all terms, you can file a joint petition using Form FL-700 regardless of how long you have been married, whether you have children, or how much property you own.
The filing itself counts as service on both of you, which eliminates the need for formal service and reduces fees. Each of you must still exchange preliminary disclosures within 60 days. One significant limitation: temporary court orders are not available through this path. If you need interim decisions on support or custody, the joint petition must be revoked and converted to a standard dissolution. A joint petition works best when both parties are in mediation or willing to negotiate the remaining issues cooperatively.
Standard Dissolution
When you do not qualify for summary dissolution or prefer not to file jointly, one spouse files a Petition for Dissolution (Form FL-100) and a Summons (Form FL-110). The other spouse is formally served and has 30 days to file a Response (Form FL-120). In an uncontested divorce in California filed this way, the responding spouse can agree with the petition’s terms or propose alternative terms that the petitioner can then accept or contest.
The Filing Process Step by Step
Filing and Service
Your case starts at the superior court in the county where you or your spouse meets the residency requirement: six months in California and three months in the filing county. The filing fee is $435 as of 2026, with slight variation by county. Fee waivers are available through Form FW-001.
In a joint petition, filing counts as service. In a standard dissolution, someone who is at least 18 and not a party to the case must serve your spouse. That step starts both the six-month waiting period and the 30-day response clock.
Financial Disclosures
Every uncontested divorce in California requires both spouses to exchange financial disclosures. You each complete a Declaration of Disclosure (FL-140), an Income and Expense Declaration (FL-150), and a Schedule of Assets and Debts (FL-142). These are exchanged between you and your spouse, not filed with the court.
Incomplete disclosures are the single most common reason cases stall. If your financial picture is unclear, the court cannot verify your agreement. Under California’s set-aside provisions, a judgment can be challenged within one year of discovering the disclosure failure, even if that discovery comes years after the divorce was finalized.
Your Marital Settlement Agreement
Your marital settlement agreement is the document that holds everything together. It spells out which spouse keeps each asset, how debts are assigned, the amount and duration of any support, and a detailed parenting plan if you have children.
Vague language creates problems after your divorce is finalized. “We will split the house” or “reasonable visitation” gives the court nothing to enforce. Specificity protects both of you.
Final Judgment
Once the six-month waiting period has passed and your documents are complete, the court reviews your paperwork. In most cases, no court appearance is required. The judge confirms disclosures were exchanged, reviews your agreement, and signs the judgment. At that point, your divorce is finalized and your marital status changes to single.
How Property Division Works in Your Case
California is a community property state. Assets and debts you acquired during the marriage are presumed to belong to both of you equally, unless you agree otherwise.
Community property includes wages, real estate, retirement contributions, business interests, and debts incurred during the marriage. Separate property, such as assets you owned before the marriage or received as gifts, belongs to the individual spouse but must still be identified in the agreement.
If your case involves retirement accounts, you may need a qualified domestic relations order (commonly called a QDRO) to divide them without tax penalties. Business interests may require a formal valuation. In an uncontested divorce, each of these elements must be specific enough to enforce without going back to court.
How Child Support Works in Your California Divorce
Child support must follow the guideline formula set by California law.You and your spouse must use this formula, even if you agree on a different number for child support.
The formula considers each parent’s net disposable income and the percentage of time each parent spends with the child. Income includes wages, bonuses, rental income, self-employment earnings, investment returns, and other regular sources of income. Parenting time must be clearly defined because even a difference of a few overnights per month can shift the calculation by hundreds of dollars.
If you both agree to an amount below the guideline, your agreement must include specific declarations explaining why the departure is justified. Without those declarations, the court will reject it.
What Causes Delays in an Uncontested Divorce in California
Even when you agree on everything, procedural issues can slow your case.
Missing or inconsistent financial disclosures are the most frequent cause. Income that is not fully documented, assets left off the forms, or debts that do not appear in your disclosures force the court to request corrections.Each round of corrections from the court can add weeks or months.
Errors in filings, including wrong form numbers, missing signatures, or math mistakes in support calculations, result in rejected paperwork. Courts process high volumes and return filings that do not meet technical requirements rather than fixing them.
In standard dissolutions, delays serving the other spouse push back the start of your waiting period. Some counties also carry significant processing backlogs that add time even when your paperwork is complete.
When Your Case Becomes Contested
Some cases start with full agreement and shift during the process. New financial information, disagreements over how to value a business, or a change in one spouse’s position on custody can move your uncontested divorce into contested territory.
In a joint petition case, either of you can revoke the petition by filing Form FL-720. The case converts to a standard dissolution, and the original filing date is preserved. In a standard dissolution, the shift typically means additional negotiation, mediation, or court hearings.
Common Questions About Uncontested Divorce in California
How long does an uncontested divorce take in California?
California mandates a minimum six-month waiting period. Uncontested divorces often finalize within six to nine months when paperwork is accurate and disclosures are exchanged on time.
How much does it cost?
The court filing fee is $435 to $450 as of 2026. Beyond that, costs can vary widely depending on the details of your case. As many people find, even “simple” uncontested divorces can become more expensive if issues come up during the process.
Some clients come in expecting a quick, low-cost filing, but end up facing added expenses when paperwork needs to be corrected, agreements are incomplete, or court requirements aren’t met. While every situation is different, getting legal guidance from the start can help avoid delays and costs that may otherwise add up over time.
Can you file a joint petition?
Under SB 1427, effective January 1, 2026, any couple who agrees on all terms can file together using Form FL-700, regardless of marriage length, children, or asset value.
Do you need a lawyer for an uncontested divorce?
A divorce lawyer is not required, but legal guidance helps ensure your disclosures are complete, your settlement agreement is enforceable, and your child support calculations comply with the guideline formula.
Getting Started With Olsen Family Law
You have already done the hardest part. You and your spouse reached an agreement (or a partial agreement). What comes next should not feel like starting over.
At Olsen Family Law, we work with individuals in Santa Clara who are ready to move forward. We handle the disclosures, the settlement agreement, and the filings so the process matches the clarity you have already found with each other. Schedule a consultation with Olsen Family Law to talk through your situation and take the next step.
